Oregon State University Policies and Standards

Effective July 1, 2014, Oregon State University (OSU) became a separate legal entity from the Oregon University System.  With its own Board of Trustees, Oregon State is no longer governed by the State Board of Higher Education (SBHE).  As a result of the legislation effecting this governance transition, OSU has different authorities than it previously had, and rather than promulgating Oregon Administrative Rules (OARs), it will provide Policies or Standards.  Policies govern the OSU community of faculty, staff and students, while Standards govern all individuals and have the force of law.

For convenience during this transition period, OSU Policies and Standards will follow the same numbering system as the previous OAR numbers (but will appear without the “OAR” designator).

Chapter 580 of the OARs, previously promulgated by the SBHE, are now Chapter 580 of OSU Standards.  SBHE policies and Internal Management Directives (IMDs) are now OSU Policies.  To interpret the Chapter 580 Standards and former SBHE policies/IMDs during this transition period, note that “Board” or “State Board of Higher Education” now refers to OSU’s Board of Trustees; “Chancellor” means “President;” “Institution” means OSU; and so on. 

Former Chapter 576 of the OARs, previously promulgated by OSU, were repealed on June 30, 2014, and were readopted as OSU Policies or OSU Standards in substantially identical form on July 1, 2014 (where the previous OARs would still apply in the new governance structure). 

This website collects all of the applicable OSU Policies and Standards that were previously SBHE Chapter 580 OARs, SBHE Policies, SBHE IMDs, or OSU Chapter 576 OARs.  While other OSU policies will ultimately be migrated to this OSU Policies and Standards website, other OSU policies are not yet collected here.

For additional information about the OSU Policies and Standards during this transition period, please contact the University’s Office of General Counsel at 541-737-2474.

Former OSU OARs, now OSU Standards and Policies

 

 

 



576 030 Vehicles, Transportation and Parking

576 002 0060 Exclusion Appeals

Standard No. 576-002

576-002-0060

Exclusion Appeals

Individuals excluded from campus pursuant to an exclusion notice issued by the Department of Public Safety may appeal the exclusion to the Director of Public Safety in writing. The Director of Public Safety must receive the appeal within 5 days of the date the exclusion notice was received. The Director shall review the notice, consider the basis of the appeal set out by the excluded individual, and shall issue a decision within 7 days of the receipt of the appeal. The decision shall be sent certified mail to the individual who filed the appeal. The decision of the Director is final.

Hist.: OSU 9-2001(Temp) f. & cert. ef. 10-5-01 thru 4-2-02; OSU 1-2002, f. & cert. ef. 2-25-02

576 003 Faculty Records

Standard No. 576-003

FACULTY RECORDS

576-003-0000

Definitions

(1) “Personal Records” means records containing information kept by Oregon State University concerning a faculty member and furnished by the faculty member or by others, including, but not limited to, information as to discipline, counseling, membership activity, other behavioral records, professional preparation and experience, professional performance (e.g., assignment and workload, quality of teaching, research and service to the institution), personnel data relating to such matters as promotions, tenure, leaves, retirement credits and the like and professional activities external to the institution, including, but not necessarily limited to, awards, recognition, research activities and travel.

(2) For purposes of compliance with ORS 351.065, “records of academic achievement” shall mean the record of credits earned toward a degree or in postdoctoral work and/or certificate(s), diploma(s), license(s) and degree(s) received.

Hist.: OSU 1-2009(Temp), f. & cert. ef. 6-9-09 thru 12-4-09; OSU 5-2009, f. 8-12-09, cert. ef. 8-26-09

576-003-0005

Limitation on Records to Be Maintained

Only records that are demonstrably and substantially relevant to the educational and related purposes of Oregon State University shall be generated and maintained.

Hist.: OSU 1-2009(Temp), f. & cert. ef. 6-9-09 thru 12-4-09; OSU 5-2009, f. 8-12-09, cert. ef. 8-26-09

576-003-0010

Restrictions on Soliciting or Accepting Confidential Information Relating to Employed Faculty

When evaluating employed faculty members, Oregon State University shall not solicit or accept letters, documents or other materials, given orally or in written form, from individuals or groups who wish their identity kept anonymous or the information they provide kept confidential, except for student evaluations made or received pursuant to 576-003-0070(5).

Hist.: OSU 1-2009(Temp), f. & cert. ef. 6-9-09 thru 12-4-09; OSU 5-2009, f. 8-12-09, cert. ef. 8-26-09

576-003-0020

Certain Information Not Required to Be Given by Faculty Members

No faculty member shall be required to give, but may voluntarily provide, information as to race, religion, sex, political affiliation or preferences, except such information that may be required by state statute, federal law or valid federal rules, regulations or orders. Where the faculty member is asked for such self-designation for any purpose (including federal requests for information), the request shall state the purpose of the inquiry and shall inform the individual of any right to decline to respond that may be applicable.

Hist.: OSU 1-2009(Temp), f. & cert. ef. 6-9-09 thru 12-4-09; OSU 5-2009, f. 8-12-09, cert. ef. 8-26-09

576-003-0040

Locations and Custody of Faculty Records

Official faculty personal records shall be kept in locations central to the department that maintains them. Custody shall be assigned to designated personnel specifically charged with maintaining the confidentiality and security of the records in accordance with applicable Oregon State University rules and polices. Oregon State University shall not maintain more than three files relating to the evaluation of a faculty member, except that Oregon State University may maintain one additional confidential file in excess of three existing files that shall contain only material excised from other records as permitted by 576-003-0070. Evaluation files are those referred to in ORS 351.065 as "designated" or "authorized."

Hist.: OSU 1-2009(Temp), f. & cert. ef. 6-9-09 thru 12-4-09; OSU 5-2009, f. 8-12-09, cert. ef. 8-26-09

576-003-0050

Release of and Access to Faculty Records

(1) Appropriate information about the faculty member may be released on request and without the faculty member's consent. Such information shall be limited to:

(a) Directory information, that is, information generally needed in identifying or locating a named faculty member including such information as is readily found in published documents such as institutional catalogs;

(b) Objective evidence of a faculty member's academic achievement, limited to information as to the number of credits earned toward a degree or in postdoctoral work, and certificate(s), diploma(s), license(s) and degree(s) received;

(c) Salary information and the record of terms or conditions of employment;

(d) Records tabulated from students' classroom survey evaluations, on a finding by the president that privacy rights in an adequate educational environment would not suffer by disclosure.

(2) All information in the faculty member's personal record file, apart from that identified in section (1) of this rule, shall be considered personal and subject to restricted access as set forth in 576-003-0060 through 576-003-0120.

Hist.: OSU 1-2009(Temp), f. & cert. ef. 6-9-09 thru 12-4-09; OSU 5-2009, f. 8-12-09, cert. ef. 8-26-09

576-003-0060

Confidential Records -- Restrictions on Release

(1) Personal records designated as subject to restricted access in accordance with authority granted in ORS 351.065 shall be available only to the faculty member who is the subject of the records as provided for in 576-003-0070 through 576-003-0100 and to Oregon State University personnel, such as faculty, administrators, students and others serving on committees or in other official capacities. Such personnel shall have a demonstrably legitimate need to review the records in order to fulfill their official, professional responsibilities as defined in relevant Oregon State University rules or policies. These records may not be released to any other person or agency without the faculty member's written consent, unless on receipt of a valid subpoena or other court order or process or as required by state statute, federal law or valid federal or state rules, regulations or orders.

(2) Oregon State University shall appear in court through the Department of Justice when appropriate to test the validity of a subpoena or other court order or process relating to release of faculty records when validity is in question.

Hist.: OSU 1-2009(Temp), f. & cert. ef. 6-9-09 thru 12-4-09; OSU 5-2009, f. 8-12-09, cert. ef. 8-26-09

576-003-0070

Access to Files by Faculty Members

(1) Faculty members shall be allowed full access to their own personal files and personal records kept by Oregon State University, except as provided in sections (2) and (3) of this rule.

(2) Letters and other information submitted in confidence to Oregon State University prior to July 1, 1975, shall be maintained in the evaluation files permitted by 576-003-0040. However, if a faculty member requests access to such letters and other information pertaining to the faculty member, the anonymity of the contributors of letters and other information obtained prior to July 1, 1975, shall be protected. The full text shall be made available to the faculty member except those portions of the text that would serve to identify the contributor, which shall be excised by a faculty committee created pursuant to institutional rules. The excised portions of the documents may be retained in the confidential file permitted by 576-003-0040.

(3) Confidential letters and other information received by Oregon State University after July 1, 1975, prior to the employment of a faculty member, shall be placed in evaluation files relating to the faculty member. If the applicant is not employed, the confidential information submitted concerning the applicant shall remain confidential. If an applicant who is employed requests access to personal files, the anonymity of the contributors of confidential preemployment letters and other preemployment information shall be protected. The full text shall be made available, except that those portions of the text that would serve to identify the contributor shall be excised and may be retained in the confidential file permitted by 576-003-0040.

(4) Any evaluation received by telephone shall be documented in each of the faculty member's evaluation files by means of a written summary of the conversation with the names of the conversants identified.

(5) If Oregon State University solicits or accepts student survey evaluations of the classroom or laboratory performance of a faculty member, the survey evaluations shall be conducted anonymously. Reports tabulated from student evaluations shall be placed in the evaluation files defined in 576-003-0040. Survey instruments from which evaluation data are obtained shall be delivered to the faculty member. No other evaluative material shall be accepted from students unless the students are first clearly informed that the faculty member will have access to such material and that the anonymity of the student cannot be preserved.

Hist.: OSU 1-2009(Temp), f. & cert. ef. 6-9-09 thru 12-4-09; OSU 5-2009, f. 8-12-09, cert. ef. 8-26-09

576-003-0080

Entry into File of Comments, Explanations, and Rebuttals

(1) The relevant Oregon State University officials shall, upon request, offer the faculty member opportunity to enter into the evaluation file a rebuttal, refutation, or explanation of any observations contained therein.

(2) On a faculty member's request, an appropriate faculty committee shall examine the faculty member's file to verify that all statements therein have been provided. If not, the committee shall require that the information be made available.

(3) On a faculty member's request, the faculty committee shall examine the confidential file to verify that it contains only those excised portions provided in 576-003-0070. The committee shall have the authority to require that any other material be removed from the confidential file.

(4) A copy of the periodic, regular written evaluation of the faculty member containing or having attached to it a statement to the effect that the faculty member may discuss the evaluative statement with the evaluating administrator, shall be given the faculty member. A copy of the evaluative statement, signed by the faculty member signifying receipt of a copy thereof, shall be placed in the faculty member's evaluation file. The faculty member may enter into the evaluation file such comments, explanations, or rebuttals as desired. A copy of such comments, explanations or rebuttals made by the faculty member shall be attached to each copy of the evaluative statement retained by Oregon State University.

Hist.: OSU 1-2009(Temp), f. & cert. ef. 6-9-09 thru 12-4-09; OSU 5-2009, f. 8-12-09, cert. ef. 8-26-09

576-003-0090

Retention of Evaluative Materials Concerning Candidates for Possible Employment

(1) If an individual is not employed, it is expected that the evaluative materials brought together by the Oregon State university as it evaluates an individual's qualifications in connection with possible employment will be retained as long as may be necessary to respond to affirmative action investigations and investigations of any claimed violation of the civil rights of any person in connection with employment. Thereafter, they will be disposed of in a manner designed to assure confidentiality, in accordance with rules of the State Archivist.

(2) When federal rules or orders require certain personal records to be compiled before the employment of a faculty member and retained thereafter, such records pertaining to persons not employed that have been obtained with the promise of confidentiality will be closed to all persons except as required by federal rules or orders.

Hist.: OSU 1-2009(Temp), f. & cert. ef. 6-9-09 thru 12-4-09; OSU 5-2009, f. 8-12-09, cert. ef. 8-26-09

576-003-0100

Availability to Faculty Members of Objective Information Concerning Categories of Staff

A faculty member who feels adversely affected by a personnel action or lack thereof may request from the appropriate OSU administrator objective or quantitative information contained in limited access files concerning personnel actions affecting categories of faculty members, where such actions appear to have relevance to the requesting faculty member. Such information may include, but is not limited to, assignment, load, and list of publications. Such information may not include any evaluative statements concerning other faculty members or the requesting faculty member if the faculty member is not otherwise entitled to the information.

Hist.: OSU 1-2009(Temp), f. & cert. ef. 6-9-09 thru 12-4-09; OSU 5-2009, f. 8-12-09, cert. ef. 8-26-09

576-003-0110

Availability of Faculty Records for Research Purposes

Oregon State University may make information about the faculty member available for research purposes, but shall adequately conceal the identity of the faculty member whose personal data or information are being included in the research. If the confidentiality of faculty records would be jeopardized in any way by the release of the information for research purposes, Oregon State University shall first obtain written consent of the faculty member prior to releasing personal information for research purposes.

Hist.: OSU 1-2009(Temp), f. & cert. ef. 6-9-09 thru 12-4-09; OSU 5-2009, f. 8-12-09, cert. ef. 8-26-09

576-003-0120

Permanence, Duplication, and Disposal of Faculty Records

(1) The individual faculty member's record shall be maintained only for the time required to serve the basic official functions of the office that generates and maintains it. It should then be disposed of in a manner designed to assure confidentiality.

(2) The permanent retention of faculty records shall be limited to those that the president or the State Archivist shall determine to be of long-range value to the faculty member, Oregon State University, or to the public. ORS 351.065 provides that access to personal records more than 25 years old may not be limited.

(3) Duplication of faculty records shall be minimized. Duplicated records that are made shall be destroyed at a time to be determined and set forth in institutional rules and in such manner as to assure confidentiality in accordance with the rules of the State Archivist, or with the Archivist's approval.

Hist.: OSU 1-2009(Temp), f. & cert. ef. 6-9-09 thru 12-4-09; OSU 5-2009, f. 8-12-09, cert. ef. 8-26-09

576-003-0130

Appeals

Anyone aggrieved by the application of these rules may appeal in writing within 10 days to the Provost or designee.  If the Provost or designee does not respond to the appeal in writing within 10 days of receiving the appeal, the appeal is deemed denied.

576 004 Access to Public Records

Standard No. 576-004

ACCESS TO PUBLIC RECORDS

576-004-0000

Policy

(1) Any person may obtain public records, not otherwise exempt from disclosure from the University, consistent with this rule and the University’s written procedure.

(2) Written procedures describing how to make public records requests are available at the University website, the University’s Office of the General Counsel, and the University’s Valley Library.

(3) Each request made under this rule must describe the public records requested with such reasonable and sufficient specificity as to allow the requested public records to be identified and located.

(4) If a request does not comply with the requirement of reasonable and sufficient specificity as to allow the identification and location of the requested public records, such a request will be denied until this requirement is satisfied.

Hist.: OSU 5-1980, f. & ef. 12-3-80; OSU 3-1996, f. & cert. ef. 6-21-96; OSU 2-2008, f. 6-27-08, cert. ef. 7-1-08

576-004-0005

Authority to Deny

(1) The University may deny a request for public records if the records are exempt from disclosure or if the conditions for requests are not met.

(2) A written denial must be sent to the person making the public records request.

Hist.: OSU 5-1980, f. & ef. 12-3-80; OSU 3-1996, f. & cert. ef. 6-21-96; OSU 2-2008, f. 6-27-08, cert. ef. 7-1-08

576-004-0010

Petition

A person who has been denied information under rule 576-004-0005 may petition the Benton County District Attorney in accordance with Oregon Revised Statutes 192.450.

Hist.: OSU 5-1980, f. & ef. 12-3-80; OSU 3-1996, f. & cert. ef. 6-21-96

576-004-0015

Response

The University shall respond to written requests for public records as soon as practicable and without unreasonable delay. The University’s response will acknowledge receipt of the public records request and include at least one of the following: A statement that the University does not possess, or is not the custodian of, the public record. Copies of all requested public records for which the University does not claim an exemption from disclosure, or a statement that all requested records are exempt from disclosure. A statement that the University is the custodian of at least some of the requested public records, an estimate of the time the public body requires before the public records may be inspected or copies of the records will be provided and an estimate of the fees that the requester must pay under section 576-004-0020. A statement that the University is the custodian of at least some of the requested public records and that an estimate of the time and fees for disclosure of the public records will be provided by the University within a reasonable time. A statement that the University is uncertain whether it possesses the public record and that the public body will search for the record and make an appropriate response as soon as practicable. A statement that state or federal law prohibits the University form acknowledging whether the record exists or that acknowledging whether the record exists would result in the loss of federal benefits or other sanctions, with a citation to the applicable state or federal law.

Hist.: OSU 5-1980, f. & ef. 12-3-80; OSU 3-1996, f. & cert. ef. 6-21-96; OSU 2-2008, f. 6-27-08, cert. ef. 7-1-08

576-004-0020

Fees

(1) The University and its departments may charge fees to reimburse its costs for the duplication, copies, and preparation of public records requested by a person under 576-004-0000 et. seq. The fees are set forth in the University list of fees and charges adopted by 576-010-0000.

(2) The University will not produce public records requested until fees associated with their production are paid.

(3) The University may produce public records without charge or at a substantially reduced fee if the University determines that the waiver or reduction of fees is in the public interest because making the information, materials, and documents available primarily benefits the general public. The person requesting the public records must request a waiver or reduction of fees and must explain why allowing the waiver or reduction is in the public interest.

Hist.: OSU 5-1980, f. & ef. 12-3-80; OSU 3-1996, f. & cert. ef. 6-21-96; OSU 2-2008, f. 6-27-08, cert. ef. 7-1-08

576 005 Time, Manner and Place

Standard No. 576-005

TIME, MANNER, AND PLACE RULES FOR SPEECH ACTIVITIES

576-005-0005

Purpose and Scope

(1) The University recognizes and supports the rights of free expression and speech. It is the purpose of these regulations to balance the free speech rights of non-OSU groups/individuals with the significant interests OSU has in preserving its limited space and employee resources for OSU needs. It is the further intent to support the primary educational purpose of the University and ensure that the University’s limited space and employee resources are primarily preserved to be dedicated to the needs of the University, while promoting debate and the sharing of information.

(2) These regulations do not limit otherwise authorized University community use of University facilities.

(3) These regulations do not affect any rights which an employee organization, certified as the exclusive representative pursuant to ORS 243.650 and following, may have been granted pursuant to its collective bargaining agreement or Oregon Revised Statutes.

Hist.: OSU 5-1988, f. & cert. ef. 10-13-88; OSU 1-2014(Temp), f. 2-10-14, cert. ef. 2-11-14 thru 6-30-14

576-005-0010

Definitions

(1) "Person" means any member of the public or the University community.

(2) "Public" means any individual or group not included in the definition of "University community."

(3) "Speech Activities" means leaf-letting, picketing, speech-making, demonstration, petition circulation, and similar speech-related activities.

(4) "University" means Oregon State University.

(5) "University Community" means all students, faculty and staff of the University including student, faculty and staff sponsored organizations.

Hist.: OSU 5-1988, f. & cert. ef. 10-13-88; OSU 1-2014(Temp), f. 2-10-14, cert. ef. 2-11-14 thru 6-30-14

576-005-0015

Public Areas

(1) University grounds are open to the public and the University community for speech activities except any grounds designated for authorized access only. University buildings are open to the public and the University community for speech activities during the regular business hours of the particular building, except the following:

(a) Classroom buildings;

(b) Research and laboratory facilities and buildings;

(c) The Valley Library;

(d) Plageman Hall (Student Health Center);

(e) Any area or building designated for authorized access only.

(2) Speech activities in residence halls and University-owned cooperative houses may be regulated by the Director of University Housing and Dining Services in consultation with appropriate student residence associations. Such regulations shall be content neutral.

Hist.: OSU 5-1988, f. & cert. ef. 10-13-88; OSU 3-1990, f. & cert. ef. 8-22-90; OSU 7-1996, f. & cert. ef. 8-23-96

576-005-0020

Access, Traffic, and University Business Not to Be Impeded

(1) No speech activities shall impede pedestrian and vehicular traffic nor unreasonably disrupt regular or authorized activities in classrooms, offices, laboratories and other University facilities or grounds. The Vice President of Finance and Administration may require any speech activity to be conducted 15 feet or more from any exit, entrance, staircase, parking lot, or roadway if necessary to allow access.

(2) No speech activities shall be conducted at a volume which unreasonably disrupts the normal use of classrooms, offices and laboratories.

(3) The Vice President of Finance and Administration may designate the portion of a street and the time of day during which a street is not available for speech activities in order to meet traffic, emergency access, and public transit needs.

Hist.: OSU 5-1988, f. & cert. ef. 10-13-88; OSU 7-1996, f. & cert. ef. 8-23-96; OSU 1-2014(Temp), f. 2-10-14, cert. ef. 2-11-14 thru 6-30-14

576-005-0025

Notification

(1) In order to allow scheduling and to assure public safety, persons desiring to picket or demonstrate are encouraged to notify the appropriate University official at least 24 hours in advance.

(2) The officials to be notified are:

(a) The LaSells Stewart Center and adjoining plaza: the Director of Conference Facilities and Services;

(b) The Memorial Union and the Quadrangle to the north of the Memorial Union: the Director of the Memorial Union;

(c) All other areas: the Vice President for Finance and Administration.

Hist.: OSU 3-1990, f. & cert. ef. 8-22-90; OSU 7-1996, f. & cert. ef. 8-23-96; OSU 1-2014(Temp), f. 2-10-14, cert. ef. 2-11-14 thru 6-30-14

576-005-0030

University Mail System

In addition to mail delivered through the U.S. Postal System, University mailboxes may be used for the distribution of material related to University business.

Hist.: OSU 5-1988, f. & cert. ef. 10-13-88

576-005-0032

Use of Tables, Carts, Booths, and Similar Structures

(1) Tables, carts, booths or similar structures may be set out and used on campus only as provided in this rule.

(2) Except as provided in section (4) of this rule, use of a table, cart, booth or similar structure that does not exceed three feet by six feet (3’x6’) is permitted by any member of the Public or University Community engaged in speech activity in any Public Area, so long as the use does not disrupt University access, traffic or business. The University may require users of a table, cart, booth or similar structure who do not have a reservation pursuant to section (3) of this rule to move to a different on-campus Public Area as necessary to avoid such disruption.

(3) Except as provided in section (4) of this rule, use of a table, cart, booth or similar structure larger than three feet by six feet (3’x6’) on campus for informational, nonprofit, commercial, or any other purposes, must be sponsored by a recognized student organization or University department, or a faculty or staff organization.

(a) Recognized student organizations must report the activity under sections (2) and (3) of this rule to the University through an online process managed by the Student Events & Activities Center;

(b) University department or faculty/staff organization sponsored uses in the Memorial Union or the Quadrangle north of the Memorial Union must be scheduled with the Memorial Union Reservation Office. Faculty or staff members (or students) of the sponsoring department or organization must conduct all activity. The Memorial Union Reservation Office shall establish the time period during which the use may take place;

(c) Users who are members of student organizations may provide their own tables, carts, or booths, or reserve tables available through the Memorial Union Reservation Office. Use of Memorial Union tables, carts, or booths is restricted to members of a recognized student organization and the activity is restricted to the Quadrangle north of the Memorial Union. Alternatively, on a first-come, first-served basis, counter space within these rules (without use of tables, carts, or booths) may be reserved in the Memorial Union by student organizations;

(d) Users sponsored by the OSU Athletic Department may request placement of tables, carts or booths in Gill Coliseum or other facilities controlled by the Athletic Department through the Athletic Department Business Office.

(4) Nothing in this rule is intended to authorize:

(a) Sale of products or food on campus in conflict with existing exclusive contracts for similar merchandise or services;

(b) Uses in conflict with any applicable OSU food service or catering policy.

(5) It is the responsibility of the user to acquire any necessary state, county, or municipal licenses.

Hist.: OSU 1-1992, f. & cert. ef. 6-5-92; OSU 7-1996, f. & cert. ef. 8-23-96; OSU 3-2013, f. 6-7-13, cert. ef. 7-1-13; OSU 1-2014(Temp), f. 2-10-14, cert. ef. 2-11-14 thru 6-30-14

576-005-0041

Enforcement

(1) Any person violating these rules is subject to:

(a) Institutional disciplinary proceedings, if a student or employee;

(b) An order to leave the immediate premises or property owned or controlled by the University by a person in charge of University property.

(2) Persons failing to comply with an order by a person in charge to leave or to remain off the immediate premises or property owned or controlled by the University are subject to arrest for criminal trespass.

(3) The Vice President of Finance and Administration, Vice Provost for Student Affairs, the Dean of Students, Security Services Manager, Director of University Housing and Dining Services, Director of Conference Facilities and Services, the Director of the Memorial Union and Educational Activities, and their designees, have the authority of "persons in charge" of University property for purposes of ORS 164.205(5) and these rules.

Hist.: OSU 3-1990, f. & cert. ef. 8-22-90; OSU 7-1996, f. & cert. ef. 8-23-96; OSU 1-2014(Temp), f. 2-10-14, cert. ef. 2-11-14 thru 6-30-14

576-005-0050

Appeal

Anyone aggrieved by the application of these rules may appeal in writing within 10 days to the Vice President for Finance/Administration or designee.  If the Vice President for Finance/Administration or designee does not respond to the appeal in writing within 10 days of receiving the appeal, the appeal is deemed denied.

 

576 010 University Fees

Standard No. 576-010

UNIVERSITY FEES, COLLECTING ACCOUNTS AND NOTES RECEIVEABLE,
AND REVOLVING CHARGE ACCOUNT PROGRAM

576-010-0000

Fees and Charges

The University hereby adopts by reference a list of fees and charges for January 1, 2014–June 30, 2014. This List of Fees and Charges is available at the Oregon State University Valley Library, and is hereby incorporated by reference in the rule.


Hist.: OSU 3-1980, f. & ef. 10-31-80; OSU 1-1982, f. & ef. 8-27-82; OSU 1-1983(Temp), f. & ef. 9-26-83; OSU 1-1986, f. & ef. 6-4-86; OSU 2-1987, f. 6-11-87, ef. 7-1-87; OSU 2-1988, f. 6-15-88, cert. ef. 7-1-88; OSU 4-1989, f. 6-13-89, cert. ef. 7-1-89; OSU 1-1990, f. 6-15-90, cert. ef. 7-1-90; OSU 6-1991, f. 6-3-91, cert. ef. 7-1-91; OSU 2-1992, f. 6-5-92, cert. ef. 7-1-92; OSU 5-1993, f. 6-9-93, cert. ef. 7-1-93; OSU 1-1994, f. 6-8-94, cert. ef. 7-1-94; OSU 2-1995, f. 6-20-95, cert. ef. 7-1-95; OSU 6-1996, f. & cert. ef. 7-1-96; OSU 5-1997; f. 6-16-97, cert. ef. 7-1-97; OSU 7-1998, f. 6-30-98, cert. ef. 7-1-98; OSU 3-1999, f. 6-17-99, cert. ef. 7-1-99; OSU 1-2000, f. 6-21-00, cert. ef. 7-1-00; OSU 5-2001, f. 6-18-01, cert. ef. 7-1-01; OSU 6-2002, f. 6-5-02, cert. ef. 7-1-02; OSU 1-2003, f. 6-19-03, cert. ef. 7-1-03; OSU 1-2004, f. 6-23-04, cert. ef. 7-1-04; OSU 1-2005, f. 6-13-05, cert. ef. 7-1-05; OSU 1-2006, f. 6-23-06, cert. ef. 7-1-06; OSU 1-2007, f. 6-18-07, cert. ef. 7-1-07; OSU 3-2008, f. 6-27-08, cert. ef. 7-1-08; OSU 2-2009, f. 6-16-09, cert. ef. 7-1-09; OSU 1-2010, f. 6-30-10, cert. ef. 7-1-10; OSU 1-2011, f. 6-13-11, cert. ef. 7-1-11; OSU 8-2011, f. & cert. ef. 12-27-11; OSU 3-2012, f. 6-6-12, cert. ef. 7-1-12; OSU 7-2012, f. 12-24-12, cert. ef. 1-1-13; OSU 4-2013, f. 6-7-13, cert. ef. 7-1-13; OSU 5-2013, f. & cert. ef. 12-18-13; OSU 2-2014(Temp), f. 2-21-14, cert. ef. 4-9-14 thru 6-30-14

576-010-0006

Disbursement by Electronic Funds Transfer

(1) The primary payment method to persons or entities doing business with Oregon State University will be electronic funds transfer (EFT), unless otherwise provided in this rule. EFT is defined as the movement of funds by non-paper means, usually through a payment system including, but not limited to, an automated clearinghouse or the Federal Reserve’s Fedwire system.

(2) Oregon State University will make EFT payments by direct deposit to a checking or savings account designated by the recipient, recorded in the Oregon State University financial system and located in a financial institution within the United States.

(3) Notwithstanding section (2), Oregon State University may make payments by check when the Director of Business Affairs or his/her designee determines that one of the following specific exceptions applies:

(a) The individual or entity does not have a bank account or is otherwise unable to receive payment by EFT;

(b) The individual or entity has special circumstances, which Oregon State University will review on an individual case basis and consider whether the issuance of a paper check would be in the best interests of Oregon State University; or

(c) Oregon State University determines that issuance of a paper check is in the best interests of the University.

(4) A request for exception from this rule must be made in writing and approved by the Director of Business Affairs or his/her designee.

(5) If an exception is granted pursuant to section (3)(b) of this rule, Oregon State University may assess a fee for issuance of a paper check in order to recover the costs associated with such issuance. The fee shall be established pursuant to 576-010-0000 and will be deducted from the amount of the payment.

(6) This rule does not apply to:

(a) Payments to Oregon State University employees for wages or other reimbursement of expenses that are related to the employment relationship;

(b) Payments to students that are related to their student status, including but not limited to stipends;

(c) Single payments less than $500.00 that the Director of Business Affairs or his/her designee does not expect to be recurring;

(d) Payments that Oregon State University and the payee agree will be made by credit card or other non-check method.

Hist: OSU 2-2011, f. & cert. ef. 6-13-11

576-010-0011

Collecting Accounts and Notes Receivable

(1) As directed by Oregon State Board of Higher Education Administrative Rule, 580-041-0010(1), the Office of Business Affairs at Oregon State University exercises diligence in collecting delinquent accounts and notes receivable due it by pursuing, as appropriate, the following remedies:

(a) Withholding transcripts, certificates and/or diplomas, and other applicable campus services;

(b) Denying or canceling registration;

(c) Withholding further account receivable privileges;

(d) Applying any non-exempt credits in favor of debtor to debt;

(e) With employee’s approval, withholding wages;

(f) Adding collection costs as permitted by statutes and regulations, including, but not limited to: collection agency charges, reasonable attorney’s fees including attorney fees on appeal, and court costs;

(g) Charging fees for sending a delinquent account or note receivable into collection;

(h) Sending regular billings and past due notices;

(i) Utilizing telephone inquiries;

(j) Sending letters of demand;

(k) Using “skip trace” information, to identify a debtor’s location to direct communications regarding debt owed, as permitted by statutes and regulations;

(l) Utilizing offset procedures with other state agencies;

(m) Utilizing Department of Revenue as a collection agent, including utilization of the Department of Revenue Set Off Individual Liability program, which may result in a reduction of a debtor’s tax refund by the amount owed the University;

(n) Utilizing various commercial collection agencies, by contract, as permitted by law;

(o) Instituting legal action as permitted by statutes and regulations;

(p) Using commercial credit reporting agencies by contract and as permitted (or required by law);

(q) Seeking collection on judgments as permitted by statutes and regulations;

(r) Requiring exit interview for borrowers under federal loan programs;

(s) Evicting debtors from residence halls or student family housing for nonpayment of room and/or board fees;

(t) Reducing debtor’s financial aid proceeds by the amount of the debtor’s accounts receivable debts in accordance with Federal Title IV regulations, before releasing any remaining financial aid to the debtor.

(2) The amounts charged by University pursuant to the above remedies, including but not limited to the fees charged for sending a delinquent account or note receivable into collection, are set forth in the University list of fees and charges adopted by 576-010-0000.

(3) The Oregon State University Director of Business Affairs, or his/her designee, may identify unique circumstances for which the full application of the above remedies is not prudent, in the best interest of the University, or lawful. In most circumstances, the University will continue to pursue collection of delinquent accounts and notes receivable through the Department of Revenue Set Off Individual Liability program.

(4) A debtor may challenge a charge within 60 days after the first bill on which the suspected error or problem appeared. Challenges should be directed to the office initiating the charge and should include a copy of the bill challenged and documentation evidencing the suspected error or problem. The Oregon State University Office of Business Affairs will assist debtors who have difficulty identifying the office initiating the charge. If an error is found, affected charges will be adjusted.

Hist: OSU 4-2008, f. 6-27-08, cert. ef. 7-1-08

576-010-0021

Revolving Charge Account Program

(1) Oregon State University offers extended payment terms utilizing a revolving charge account program as authorized by the Oregon State Board of Higher Education (580-040-0041).

(2) Any person, organization, or agency that incurs charges, fines, or penalties at Oregon State University is automatically enrolled in the revolving charge account program, provided that Oregon State University may deny use of the revolving charge account program privilege to persons, organizations, or agencies that do not have a good credit history with Oregon State University and to anyone who has been in default status on student loans.

(3) Participants in the revolving charge account program shall sign a revolving charge account agreement in a form provided by OSU and shall abide by the terms and conditions of the program as set forth in that agreement.

(4) Debt amounts resulting from fines, penalties, and similar types of amounts owed may be added to a revolving charge account enforceable against the responsible debtor, even though the debtor has not signed a revolving charge account agreement.

(5) Revolving charge account debtors have the right to pay the outstanding debt in full at any time without penalty.

(6) Interest will be charged each month on any unpaid balance at the rate of one percent per month, or fraction thereof (12% APR).

(7) Oregon State University reserves the right to amend the terms and conditions applicable to revolving charge accounts without securing a new agreement. Debtors shall be notified, in writing, of any changes in applicable interest rates, before the changes go into effect.

(8) A debtor may challenge a charge within 60 days after the first bill on which the suspected error or problem appeared. Challenges should be directed to the office initiating the charge and include a copy of the bill challenged and documentation evidencing the suspected error or problem. The Oregon State University Office of Business Affairs will assist debtors who have difficulty identifying the office initiating the charge. If an error is found, affected charges will be adjusted.

(9) The debtor is responsible for informing the Oregon State University Office of Business Affairs of any name and address change occurring during the term of the revolving charge account agreement.

(10) Delinquent accounts will be processed under the procedures described in 576-010-0011 (OSU Collecting Accounts and Notes Receivable).

Hist: OSU 5-2008, f. 6-27-08, cert. ef. 7-1-08

576-010-0031

Discounted Fee Program — Purpose

The purpose of this rule is to authorize the Veterinary Teaching Hospital to charge discounted fees for certain services and merchandise to faculty, professional students, staff and alumni of the College, as well as all Doctors of Veterinary Medicine and owners of service animals, through the establishment of a Discounted Fee Program. The Discounted Fee Program is established in 576-010-0031 through 0041, and in policies adopted by the Hospital.

Hist.: OSU 4-2010, f. & cert. ef. 8-10-10; OSU 3-2011, f. & cert. ef. 6-13-11

576-010-0036

Definitions

The following definitions apply to 576-010-0031, 576-010-0036 and 576-010-0041:

(1) “College” means the Oregon State University College of Veterinary Medicine

(2) “Discounted Fee Program” means the criteria and procedures described in 576-010-0031 through 576-010-0041 for providing discounted fees to Eligible Participants for merchandise and service as described in this rule and in policies adopted by the Hospital.

(3) “Doctors of Veterinary Medicine” means graduates of American Veterinary Medical Association-recognized Colleges of Veterinary Medicine or veterinarians licensed to practice in Oregon.

(4) “Eligible Participant” means a person who meets the criteria set forth in 576-010-0041(1).

(5) “Eligible Pet” means a pet that meets the criteria set forth in 576-010-0041(2).

(6) “Eligible Services” means services described in 576-010-0041(3).

(7) “Hospital” means the Oregon State University Veterinary Teaching Hospital.

Hist.: OSU 4-2010, f. & cert. ef. 8-10-10; OSU 3-2011, f. & cert. ef. 6-13-11

576-010-0041

Eligibility Criteria, Discount, Loss of Eligibility

(1) Participant Eligibility

(a) To be eligible for the faculty and staff discount in subsection (4)(a) of this rule, a person must be employed by the College on the date that the services are rendered or the merchandise is purchased.

(b) To be eligible for the professional student discount in subsection 4(b) of this rule, a student must be enrolled in the Doctor of Veterinary Medicine program with the College on the date that the services are rendered or the merchandise is purchased

(c) Graduates of the College and all Doctors of Veterinary Medicine are eligible for the alumni and veterinarian discount in subsection (4)(c) of this rule.

(d) Owners of assistance animals are eligible for the assistance animal discount in subsection (4)(d) of this rule if they present written documentation or certification that the animal assists the disabled. This documentation, which must include the assistance organization’s name, will be copied and included in the patient’s record.

(2) Pet Eligibility.

(a) Discounts are limited to services performed, or merchandise purchased, for animals that are personally owned by the Eligible Participant and are enrolled in the Discount Program. An Eligible Participant may enroll in the Discount Program using forms provided by the Hospital. An Eligible Participant may enroll a maximum of four (4) animals in this Discount Program at a time. Animals must be enrolled in the Discount Program prior to the Hospital visit or at the time of admission.

(b) An animal may remain enrolled in the Discount Program until its death, unless ownership is transferred to a person who is not an Eligible Participant.

(3) Eligible Services. All services provided by the Hospital are eligible for the Discount Program, with the exception of services provided through the Veterinary Diagnostic Laboratory and the Small Animal Preventive Health Program.

(4) Discounts

(a) Eligible Participants who qualify under subsection (1)(a) of this rule will receive a 20% discount on Eligible Services for Eligible Pets and a 40% discount off the retail price of Drug Room merchandise purchased for Eligible Pets.

(b) Eligible Participants who qualify under subsection (1)(b) of this rule will receive a 25% discount on Eligible Services for Eligible Pets and a 40% discount off the retail price of Drug Room merchandise purchased for Eligible Pets.

(c) Eligible Participants who qualify under subsection (1)(c) of this rule will receive a 20% discount on Eligible Services for Eligible Pets.

(d) Eligible Participants who qualify under section (1)(d) of this rule will receive a 20% discount on Eligible Services for Eligible Pets.

(5) Participants in this Discount Program who violate this rule may have discount privileges permanently removed.

Hist.: OSU 4-2010, f. & cert. ef. 8-10-10; OSU 3-2011, f. & cert. ef. 6-13-11

576-010-0050

Appeal

Anyone aggrieved by the application of these rules may appeal in writing within 10 days to the Vice President for Finance/Administration or designee.  If the Vice President for Finance/Administration or designee does not respond to the appeal in writing within 10 days of receiving the appeal, the appeal is deemed denied.

576 012 Key Deposits

Policy No. 576-012

KEY DEPOSITS

576-012-0000

Purpose and Scope

(1) The purpose of this rule is to assist in regulating the authorization of use and issuance of university facility keys.

(2) Keys to university facilities may be issued to authorized individuals in accordance with processes established by the Facilities Services Division.

(3) The university may charge a refundable deposit for the issuance of a key to any facility, or may require the signing of an agreement in lieu of a key deposit in accordance with the OPEU Collective Bargaining Agreement. The deposit shall be in the amount determined by Facilities Services.

(4) Any refund of a key deposit which OSU owes any person for $5 or less per key shall be paid only upon receipt of a written request to the Office of Business Affairs from the person who paid the money or his or her legal representative as authorized by ORS 293.445. Such written request must be received within 12 months of the date the refund first becomes due. A written request for payment of a refund which became due prior to the effective date of this rule must be made within 12 months of the effective date of this rule.

Hist.: OSU 6-1997; f. 6-16-97, cert. ef. 7-1-97

576 015 Student Conduct Code

Policy No. 576-015

STUDENT CONDUCT CODE

576-015-0005

Purpose

(1) The primary purpose of the Student Conduct Code is to establish community standards and procedures necessary to maintain and protect an environment conducive to learning, in keeping with the educational objectives of Oregon State University. This code is based on the assumption that all persons must treat one another with dignity and respect in order for scholarship to thrive.

(2) Students are also expected to follow the academic and professional standards of the academic units.

(3) Choosing to join the Oregon State University community obligates each member to a code of responsible behavior. Individuals and Student Organizations are expected to observe the policies, rules, and requirements of Oregon State University as well as laws of municipalities and counties, the State of Oregon, the United States of America and, when in another country, that country.

Hist.: OSU 1-1991, f. & cert. ef. 3-6-91; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10

576-015-0010

Definitions

(1) A “Student” includes all persons enrolled at the University and/or any or all dual-enrolled campuses pursuing undergraduate, graduate, or professional studies. It further includes persons who are eligible to receive any of the rights and privileges afforded a person who is enrolled at the University including, but not limited to, those individuals admitted to the University and attending orientation programs, and those individuals enrolled in any special non-credit programs approved by the University. A “Student” may be currently registered, or may have been enrolled in a previous term, or may be registered for a future term, or may be admitted but not yet enrolled.

(2) A “Student Organization” includes any group of students living or acting together, or electing officers, or assessing dues or fees for their mutual benefit, or which has registered with the University, or is affiliated with an academic unit.

(3) An “Individual Violation" is a violation of the Student Conduct Code committed by an individual Student acting alone or in concert with other individual(s) independent of a Student Organization or its activities and events.

(4) An “Organization Violation" is a violation of the Student Conduct Code committed by a Student Organization.

(5) “SCCS” is the office of Student Conduct and Community Standards.

(6) “Consent” is knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity.  To be effective, consent must be informed and reciprocal, freely and actively given, and mutually understandable.  Definitions of these terms and additional information on what is, and is not, consent can be found on the Equity and Inclusion website.

Hist.: OSU 1-1991, f. & cert. ef. 3-6-91; OSU 1-2001, f. & cert. ef. 2-21-01; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10

576-015-0020

Offenses Proscribed by the University

A Student or Student Organization found to have committed any of the following proscribed acts is subject to sanctions under these rules:

(1) Obstruction or disruption of teaching, learning, research, administration, disciplinary procedures, or other institutional activities, including the institution’s public service functions or other authorized activities on institutionally-owned or controlled property. Disruptive behavior may include but is not limited to the following, where it has the effect of obstructing or disrupting the University activities listed above:

(a) Repeatedly leaving and entering the classroom without authorization;

(b) Making loud or distracting noises;

(c) Arriving late or leaving early;

(d) Persisting in speaking without being recognized;

(e) Behavior that would cause a reasonable person to fear for his or her safety. The instructor has authority to manage the classroom environment, which may include requiring a Student to leave when the Student’s behavior disrupts the teaching or learning environment. If the Student refuses to leave, the instructor may call the Department of Public Safety for assistance and should submit an Incident Report Form to SCCS to initiate disciplinary proceedings.

(2) Academic or Scholarly Dishonesty:

(a) Academic or Scholarly Dishonesty is defined as an act of deception in which a Student seeks to claim credit for the work or effort of another person, or uses unauthorized materials or fabricated information in any academic work or research, either through the Student’s own efforts or the efforts of another.

(b) It includes:

(A) CHEATING — use or attempted use of unauthorized materials, information or study aids, or an act of deceit by which a Student attempts to misrepresent mastery of academic effort or information. This includes but is not limited to unauthorized copying or collaboration on a test or assignment, using prohibited materials and texts, any misuse of an electronic device, or using any deceptive means to gain academic credit.

(B) FABRICATION — falsification or invention of any information including but not limited to falsifying research, inventing or exaggerating data, or listing incorrect or fictitious references.

(C) ASSISTING — helping another commit an act of academic dishonesty. This includes but is not limited to paying or bribing someone to acquire a test or assignment, changing someone's grades or academic records, taking a test/doing an assignment for someone else by any means, including misuse of an electronic device. It is a violation of Oregon state law to create and offer to sell part or all of an educational assignment to another person (ORS 165.114).

(D) TAMPERING — altering or interfering with evaluation instruments or documents.

(E) PLAGIARISM — representing the words or ideas of another person or presenting someone else's words, ideas, artistry or data as one's own, or using one’s own previously submitted work. Plagiarism includes but is not limited to copying another person's work (including unpublished material) without appropriate referencing, presenting someone else's opinions and theories as one's own, or working jointly on a project and then submitting it as one's own.

(c) Academic Dishonesty cases are handled initially by the academic units, following the process outlined in the University’s Academic Dishonesty Report Form, and will also be referred to SCCS for action under these rules.

(3) Obstruction or disruption that interferes with freedom of movement, either pedestrian or vehicular, on institutionally-owned or controlled property.

(4) Hazing, defined as any action that endangers the physical, emotional, mental health or safety of an individual, or destroys or damages personal property for the purpose of initiation, membership, admission or participation in a group or organization. Expressed or implied consent of the person subject to hazing is not a defense. Apathy and acquiescence in the presence of hazing are not neutral acts; they are violations of this rule. Acts that constitute hazing when they endanger the physical, emotional, mental health or safety of an individual, or destroy or damage personal property, include but are not limited to:

(a) Acts that are prohibited under any applicable law, including but not limited to ORS 163.197, under which hazing is a criminal violation;

(b) Interfering with a Student’s academic performance by denying sufficient time for class, study or other academic activities;

(c) Compelling ingestion of any substance;

(d) Compelling participation in physical activities such as calisthenics, exercise, or other games or activities requiring physical exertion;

(e) Compelling exposure to weather elements or other physically or emotionally uncomfortable situations;

(f) Compelling excessive fatigue from sleep deprivation, physical activities, or exercise;

(g) Committing any act of physical brutality against another including but not limited to paddling, striking with fists, open hands or objects, and branding;

(h) Kidnapping or transporting another with the intent of stranding him or her;

(i) Compelling conduct that can be reasonably expected to embarrass or adversely affect the dignity of another, including the performance of public stunts and activities such as scavenger hunts;

(j) Intentionally creating work or labor for another;

(k) Compelling another to commit any sexual act or engage in lewd behavior

(l) Compelling any act that results in the destruction, defacement or removal of private or public property

(5) Harassment, defined as conduct of any sort directed at another that is severe, pervasive or persistent, and is of a nature that would cause a reasonable person in the victim’s position substantial emotional distress and undermine his or her ability to work, study or participate in his or her regular life activities or participate in the activities of the University, and actually does cause the victim substantial emotional distress and undermines the victim’s ability to work, study, or participate in the victim’s regular life activities or participate in the activities of the University. Stalking behavior that meets this definition constitutes Harassment within the meaning of this rule.

(6) Sexual Harassment, as defined in the University’s Policy on Sexual Harassment.

(7) Discriminatory Harassment, as defined in the University’s Policy on Discriminatory Harassment.

(8) Possession or use of explosives, dangerous chemicals, or other dangerous instrumentalities on institutionally-owned or controlled property, in contravention of law or institutional rules.

(9) Illegal use, possession, or distribution of drugs or illegal substances on institutionally-owned or controlled property. The university will not pursue any conduct violation against a survivor for substance use, possession, or distribution at the time of sexual assault/harassment.

(10) Alcohol violations, including possession or consumption of alcohol by persons less than 21 years of age, furnishing alcohol to persons less than 21 years, or consumption of alcohol by a Student of any age in violation of the University’s rules or policies on alcoholic beverages on University owned or controlled property or at University sponsored or supervised activities.  The university will not pursue any conduct violation against a survivor for alcohol possession or consumption at the time of sexual assault/harassment.

(11) Sexual assault, or sexual misconduct of any kind are prohibited.  Sexual assault or sexual misconduct may be found whenever sexual contact occurs without the recipients consent, as defined by 576-015-0010(6).

(12) Detention or physical abuse of any person or conduct that threatens imminent bodily harm or endangers the health of any person on any institutionally-owned or controlled property.

(13) Invasion of another’s privacy, where that person has a reasonable expectation of privacy, including but not limited to the use of electronic devices to make an unauthorized audio or video recording of any person while on University owned or controlled property without his or her prior knowledge, or without his or her effective consent, when such a recording is of information or of images taken from or of a person at a time and place where she or he has a reasonable expectation of privacy and where the recording is reasonably likely to cause injury or distress.

(14) Unauthorized recording of a class or of organizational or University meetings. To obtain the required authorization, the Student or Student Organization must obtain expressed permission from the faculty member, Student Organization, or University representative or official in charge of the class, meeting, or activity.

(15) Malicious damage, misuse or theft of institutional property, or the property of any other person where such property is located on institutionally-owned or controlled property or, regardless of location, is in the care, custody, or control of an institution.

(16) Refusal by any person while on institutional property to comply with an order of the President or appropriate authorized official to leave such premises because of conduct proscribed by this rule when such conduct constitutes a danger to personal safety, property, or educational or other appropriate institutional activities on such premises.

(17) Unauthorized entry to or use of institutional facilities, including buildings and grounds.

(18) Smoking in unauthorized areas in violation of 576-040-0010.

(19) Falsification or misuse of University information, including but not limited to records, permits, documents, computer resources, identification cards, etc.; or the furnishing of false or misleading information to the University or its representative; or refusal to provide one's name, class, school, and local address when requested by a University official, provided the official is identified and indicates legitimate reason for the request.

(20) Unauthorized use of University computing resources in violation of the University’s Acceptable Use of Computing Resources Policy.

(21) Inciting others to engage in any of the conduct or to perform any of the acts prohibited herein. Inciting means that advocacy of proscribed conduct which calls on the person or persons addressed for imminent action, and is coupled with a reasonable apprehension of imminent danger to the functions and purposes of the institution, including the safety of persons and the protection of its property.

(22) Violating the State Board of Higher Education’s Policy on Intercollegiate Athletics as described in Section 8 of its Internal Management Directives, specifically including the subsection thereof entitled Code of Ethics.

(23) Violation of any federal or state law or city or local ordinance or University rule or policy that applies to the Student.

Hist.: OSU 1-1991, f. & cert. ef. 3-6-91; OSU 8-1995, f. & cert. ef. 12-29-95; OSU 4-1996, f. & cert. ef. 6-21-96; OSU 4-1998, f. & cert. ef. 6-24-98; OSU 4-1999, f. & cert. ef. 7-17-99; OSU 2-2002, f. & cert. ef. 2-25-02; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10; OSU 4-2011, f. & cert. ef. 6-13-11; OSU 1-2012(Temp), f. & cert. ef. 3-30-12 thru 6-30-12; OSU 2-2012, f. & cert. ef. 5-9-12

576-015-0021

Violations of the Student Conduct Code by Student Organizations

When members of a Student Organization act together in a way that violates the Student Conduct Code, the Student Organization is expected to hold itself accountable.

(1) When a potential Organization Violation of the Student Conduct Code occurs, SCCS may review the incident to determine the appropriate process for resolution. Generally, the University will expect a Student Organization to hold itself accountable for the acts of its members when those acts are related to the Student Organization’s activities.

(a) The Student Organization or its governing body will notify SCCS and keep it informed at all stages of the process.

(b) The University, through SCCS, reserves the right to take immediate jurisdiction at its discretion. The Student Organization or governing body may still hold its members accountable in the situation, but must do so in conjunction with SCCS.

(2) If a person affected by the alleged violation is not satisfied with the action taken by the Student Organization, that person may file a grievance with the appropriate governing body or, if none exists, with SCCS.

(3) If, in the judgment of the Director of SCCS, sufficient action is not taken in a timely manner by the Student Organization, the case will be reviewed for possible action by SCCS.

(4) In deciding whether the Student Organization is responsible for the violation, the University will consider whether one or more of the following factors are present:

(a) The violation arises out of an event sponsored, organized, financed, or endorsed by the Student Organization;

(b) The violation occurs on premises owned or controlled by the Student Organization;

(c) The leadership of the Student Organization had knowledge, or should have had knowledge, of the likelihood that a violation would occur and failed to take corrective action; or

(d) A pattern of individual violations is found to have existed without proper and appropriate group control, remedy, or sanction.

Hist.: OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10

576-015-0025

Jurisdiction

The Student Conduct Code shall apply to a Student’s or Student Organization’s conduct that occurs on University premises, at University sponsored or affiliated activities regardless of location, and to off campus conduct that adversely affects the University community or the pursuit of University objectives. These standards shall apply to a Student’s conduct even if the Student withdraws from school while a disciplinary matter is pending. Examples of behavior that adversely impacts the University community may include but are not limited to physical or sexual assault, rape, hazing, harassment, stalking, furnishing alcohol to minors, distribution of drugs or illegal substances, or illegal weapons use. The University has sole discretion to determine what conduct occurring off campus adversely impacts the University community and/or the pursuit of University objectives.

Hist.: OSU 1-1991, f. & cert. ef. 3-6-91; OSU 8-1995, f. & cert. ef. 12-29-95; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10

576-015-0030

Sanctions

The University utilizes an educational and restorative sanctioning model. The sanction applied will be commensurate with the violation committed and become progressively more demanding or severe if the Student or Student Organization repeats violations, demonstrating that learning has not taken place. An accumulation of a variety of violations may result in severe sanctions such as deferred suspension, suspension, and expulsion. Violations that affect the health, safety and well being of the community are deemed the most severe and may result, upon the first violation, in a suspension or expulsion. Students or Student Organizations exhibiting behavior that violates any part of the Student Conduct Code are subject to one or more of the following:

(1) Warning: Official notice to a Student or Student Organization exhibiting behavior that violates any part of the Student Conduct Code. The continuation of such behavior may result in further conduct action.

(2) Required Educational Activities: Mandatory participation in educational activities. Such Education Activities include but are not limited to completion of a report or attendance at a seminar or other educational program or presentation.

(3) University/Community Service Work Hours: A Student or Student Organization is required to complete a specified number of hours of service to the University or general Community.

(4) Behavior Expectations Agreement: A contract between the University and the Student outlining specific behavior expectations.

(5) Restitution: The Student or Student Organization is required to provide reimbursement by dollar amount, by transfer of property, or by provision of services to the University or a member of the University community in accordance with the nature of the violation and in an amount not in excess of actual expenses, damages, or losses incurred.

(6) Restrictions: Removal from a Student Organization, denial of entry to specific University facilities or other restrictions consistent with the violation committed. For a Student Organization, restrictions may include denial of specific University privileges including but not limited to sponsored social activities, sponsored parties or philanthropy, participation in intramurals, representing the University and any travel in connection with such representation, recruitment, membership or representation on a governing council, use of space for a meeting or event on campus, participation in competition and events, and receipt of institutional funding.

(7) No Contact Order: A No Contact Order is a directive to a Student or Students to refrain from any intentional contact, direct or indirect, with one or more designated persons through any means including personal contact, e-mail, telephone, or third parties.

(8) Academic Sanction: Students whose behavior is found to constitute Academic or Scholarly Dishonesty as defined in 576-015-0020(2) are subject to additional academic sanctions, which may include but are not limited to failing the course, removal from an academic department, or removal from a college. Academic sanctions are imposed by the instructor, department chair or dean and are noted on the Academic Dishonesty Report Form in accordance with Academic Regulation 15.

(9) Removal from a Class: A Student’s removal from a class may be temporary or permanent. Permanent removal from a class may be authorized by the Director of SCCS with concurrence from the Dean of the College in which the class is offered. A Student who is permanently removed from a class will receive a “W” (Withdrawal) on the academic transcript. No refunds for tuition or other class fees will be made.

(10) Conduct Probation: Placement on probationary status during which there is observation and review of behavior and the Student or Student Organization must demonstrate compliance with the Student Conduct Code. Terms of the Conduct Probation will be determined at the time the probation is imposed and may include additional sanctions including but not limited to loss of privileges, restrictions, restitution, and/or required educational activities.

(11) Conduct Suspension:

(a) Deferred Suspension: Placement on deferred suspension status during which there is observation and review of behavior. If the Student or Student Organization is found to further violate the Student Conduct Code during this period then the Student/Student Organization is suspended without further hearings. Deferred Suspension may be for a period of one term up to and including the remainder of a Student's enrollment at the University; Deferred Suspension for a Student Organization is generally for one year but may be up to three years.

(b) Suspension:

(A) Student -- Exclusion from the University and all University property for a specified period of time. The Department of Public Safety will exclude the Student from OSU campus upon Suspension. Suspended Students are denied the privileges and services provided to currently enrolled Students, including residing in University-owned or recognized Student housing, attending class, or using other University services or facilities. Suspension is generally for one year, however the period of Suspension may be specified for any period of time;

(B) Student Organization -- Loss of University recognition or registration for a specified period of time. The Organization must comply with all sanctions prior to being registered or recognized again. While a Student Organization is suspended it may not use University resources;

(C) The conditions of Suspension take effect immediately after the Student or Student Organization has been informed of the decision. If an appeal is filed, the imposition of the Suspension will be delayed until the conclusion of the appeal process. However, if a pending conduct hearing or appeal may result in Suspension as determined by the Director of SCCS, awarding of a Student’s academic degree will be postponed pending the outcome of the conduct hearing.

(12) Expulsion: Permanent Conduct Suspension.

(13) Degree Revocation.

[Publications: Publications referenced are available from the agency.]

Hist.: OSU 1-1991, f. & cert. ef. 3-6-91; OSU 1-1993, f. & cert. ef. 5-7-93; OSU 1-2001, f. & cert. ef. 2-21-01; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10

576-015-0035

Readmission After Suspension

A Student suspended for misconduct and wishing to return to the University after the suspension period must notify the Director of SCCS in writing. The notification should include a description of the Student's activities since the suspension went into effect. If the Director of SCCS certifies that the terms of suspension have been met, the Student may apply for readmission through the regular process.

Hist.: OSU 1-1991, f. & cert. ef. 3-6-91; OSU 4-1998, f. & cert. ef. 6-24-98; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10

576-015-0040

Record

(1) All Student Conduct Code violations incurring sanctions include the creation of a conduct record. Sanctions at the level of

Conduct Probation and above place the Student or Student Organization outside of "good standing" with the University for the duration of the sanction. Multiple sanctions may be imposed where appropriate.

(2) Suspension or expulsion will be noted in a Student's general academic record within the Registrar's Office by means of a Conduct Action Form which indicates the reason for the Suspension. The suspended Student may include in the record an explanation for the action taken by the University. As stipulated in OAR-166-475-0110(38), case files involving Expulsion or Degree Revocation are retained for 75 years; case files involving Suspension are retained for 10 years; all other conduct case files are retained for 5 years.

Hist.: OSU 1-1991, f. & cert. ef. 3-6-91; OSU 4-1998, f. & cert. ef. 6-24-98; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10

576-015-0043

Notice

(1) Upon receiving a complaint or report that a Student or Student Organization may have violated the Student Conduct Code, the Director of SCCS or the Office of Equity and Inclusion (“OEI”) will notify the Student/Student Organization in writing of the alleged violation(s). The notice will inform the Student or Student Organization of the rule(s) said to have been violated and a description of the acts or omissions alleged to have been in violation of the Student Conduct Code.

(2) If the Director of SCCS determines the alleged violation(s) of 576-015-0020(1)–(5), (8)–(10), or (12)–(23) may result in Suspension or Expulsion, the notice described in subsection (1) will set a time and place for a SCCS Committee hearing. If the conduct at issue has also given rise to alleged violations of 576-015-0020(6), (7) or (11), this notice may be sent by the Office of Equity and Inclusion pursuant to subsection (3). The period of time between the hearing date and the accused Student's or Student Organization’s receipt of the notice must be at least 72 hours. The Director of SCCS will notify the Student/Student Organization that the SCCS Committee Hearing may be waived and, in its place, the case heard by the Director of SCCS or designee.

(3) If the Office of Equity and Inclusion (“OEI”) determines the alleged violation(s) of 576-015-0020(6), (7) or (11) may result in Suspension or Expulsion, the notice described in subsection (1) will set forth a time and place for a hearing with a Hearing Officer assigned by the Office of Equity and Inclusion pursuant to the process set forth in 576-015-0052. The period of time between the hearing and the accused Student's or Student Organization’s receipt of the notice must be at least 72 hours.

(4) If there is an allegation of academic dishonesty as defined in 576-015-0020(2), the Director of SCCS will determine what conduct proceeding is appropriate. If there is a record of a previous incident of academic dishonesty, the Director of SCCS will send written notice to the Student of a SCCS Committee hearing, as described in subsections (1) and (2) of this rule, and 576-015-0050.

Hist.: OSU 4-1998, f. & cert. ef. 6-24-98; OSU 1-2001, f. & cert. ef. 2-21-01; OSU 2-2002, f. & cert. ef. 2-25-02; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10; OSU 3-2014(Temp), f. 3-5-14, cert. ef. 3-6-14 thru 6-30-14; OSU 4-2014(Temp), f. 4-15-14, cert. ef. 4-16-14 thru 6-30-14

576-015-0045

Determination by the Director of Student Conduct and Community Standards

(1) If the Student or Student Organization receiving notice under 576-015-0043(2) elects to have the case heard by the Director of SCCS or designee, the Student/Student Organization will be informed of the evidence of the violation(s) and will be given an opportunity to explain the behavior. The Student/Student Organization may bring any third party advisor to any meetings so long as the availability of the advisor does not hamper the timeliness of the hearing. The Student/Student Organization will be expected to speak for him/herself or themselves at all times.

(2) If the Student or Student Organization fails to meet with the Director of SCCS or designee, the Director may take conduct action in the Student's/Student Organization’s absence.

(3) The accused Student or Student Organization will be informed orally or in writing of the decision and will be informed of the right to appeal to the Vice Provost for Student Affairs, pursuant to 576-015-0060.

Hist.: OSU 1-1991, f. & cert. ef. 3-6-91; OSU 8-1995, f. & cert. ef. 12-29-95; OSU 4-1998, f. & cert. ef. 6-24-98; OSU 1-2001, f. & cert. ef. 2-21-01; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10; OSU 3-2014(Temp), f. 3-5-14, cert. ef. 3-6-14 thru 6-30-14

576-015-0050

Student Conduct and Community Standards (SCCS) Committee Hearing

(1) Students or Student Organizations who receive notice under 576-015-0043(2) may elect to participate in a SCCS Committee Hearing. Students or Student Organizations who receive notice under 576-015-0043(3) are subject to the process set forth in 576-015-0052.

(2) When an SCCS Committee hearing is called, the accused Student or Student Organization will appear before a panel of up to five faculty or staff and five Students appointed by the Vice Provost for Student Affairs and the Associated Students of Oregon State University, respectively. The Bylaws of the SCCS Committee are available from the Vice Provost for Student Affairs or the SCCS office.

(3) All SCCS Committee hearings are closed and information presented along with all supporting documents will be disseminated internally only on a need to know basis and will not be disseminated externally except as required by law. The hearing is informal and does not follow administrative contested case or courtroom procedures.

(4) If the Student or Student Organization has been properly notified and fails to appear, the SCCS Committee may proceed with the hearing and conduct action may be taken.

(5) During the hearing, the accused Student or Student Organization may be accompanied by an advisor of the Student's/Student Organization’s choice. The advisor may be a faculty or staff member, fellow Student, parent, or any person of the Student's/Student Organization’s choice so long as the availability of the advisor does not hamper the timeliness of the hearing. The Student/Student Organization may choose to have an attorney serve as advisor, however the advisor does not represent the Student/Student Organization in a conduct hearing and the Student/Student Organization will be expected to speak for him/herself or themselves at all times.

(6) During the hearing, the Student or Student Organization has the opportunity to offer information and testimony on his/her/its own behalf. The Student/Student Organization also has the opportunity to review and respond to all information, statements, or evidence presented.

(7) The chairperson of the SCCS Committee, or designee, will decide any questions or objections to hearing procedures that are raised during the hearing.

(8) Members of the Committee may ask questions of any person present during the hearing and the chairperson will invite questions and comments from the accused Student/Student Organization and the victim-claimant if present. The chairperson may also invite questions or comments from advisors or others present. If the chairperson decides an essential person or piece of information is missing, the chairperson may decide to reconvene the hearing at the earliest practical time that the missing information will be available.

(9) After the chairperson has determined that all necessary information has been presented and questions answered, the Committee will go into executive session and all other persons will be excused. The Committee will determine, based on a preponderance of the evidence, whether or not it believes the accused Student/Student Organization is responsible for a violation of the Conduct Code and, if so, the Committee will reconvene with the accused Student/Student Organization and a representative of SCCS to consider what sanctions may be appropriate. The accused Student/Student Organization may waive his/her/their right to be present. The Committee may consider:

(a) Evidence of any mitigating circumstances presented by the Student/Student Organization; and

(b) Other relevant information, including but not limited to, evidence of prior violations of the Student Conduct Code presented by a representative of SCCS.

(10) The Committee will again go into executive session to make a decision about appropriate sanctions. The time between the conclusion of the hearing and the delivery of the recommendation to the Director of SCCS shall be no more than three days, excluding weekends and holidays. The Committee's decision will be in the form of a written recommendation to the Director of SCCS.

Hist.: OSU 1-1991, f. & cert. ef. 3-6-91; OSU 8-1995, f. & cert. ef. 12-29-95; OSU 4-1998, f. & cert. ef. 6-24-98; OSU 1-2001, f. & cert. ef. 2-21-01; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10; OSU 4-2011, f. & cert. ef. 6-13-11; OSU 3-2014(Temp), f. 3-5-14, cert. ef. 3-6-14 thru 6-30-14; OSU 4-2014(Temp), f. 4-15-14, cert. ef. 4-16-14 thru 6-30-14

576-015-0052

Investigations and Determinations of Responsibility by the Office of Equity and Inclusion

(1) The Office of Equity and Inclusion (“OEI”) will assign a Hearing Officer to investigate a Student or Student Organization’s alleged violation of 576-015-0020(6), (7) or (11). The Hearing Officer may also investigate and issue a determination of responsibility for other alleged conduct violations related to the incidents giving rise to the alleged violation of 576-015-0020(6), (7) or (11). The Hearing Officer will review and consider all relevant evidence discovered through the Hearing Officer’s investigation, and may include but is not limited to, information provided by the survivor, witnesses, or the accused through interviews or otherwise;

(2) If the Hearing Officer determines that the alleged violation(s) may result in suspension or expulsion, the accused Student or Student Organization will be informed of the evidence of the violation(s) and will be given an opportunity to explain the behavior during a hearing with the Hearing Officer. During this hearing, the Student or Student Organization has the opportunity to offer information and testimony on his/her/its own behalf. The Student or Student Organization also has the opportunity to review and respond to all information, statements, or evidence presented, and to pose questions that the Hearing Officer may choose to later ask witnesses or the survivor;

(3) The Student or Student Organization may be accompanied by an advisor to any meeting so long as the availability of the advisor does not hamper the timeliness of the interview. The advisor may be a faculty or staff member, fellow Student, parent, or any person of the Student's or Student Organization’s choice. The Student or Student Organization may choose to have an attorney serve as advisor, however the advisor does not represent the Student or Student Organization in the hearing and the Student or Student Organization will be expected to speak for him or herself or themselves at all times.

(4) If the Student or Student Organization has been properly notified and fails to attend his or her hearing with the assigned Hearing Officer, the Hearing Officer may render a determination of responsibility without input from the accused Student or Student Organization.

(5) Hearings conducted by the Hearing Officer are closed and information presented along with all supporting documents will be disseminated internally only on a need to know basis and will not be disseminated externally except as required by law. The hearing is informal and does not follow administrative contested case or courtroom procedures.

(6) The Hearing Officer will decide any questions or objections to this process that are raised during the investigatory process;

(7) After the Hearing Officer has determined that all necessary information has been presented and questions answered, the Hearing Officer will determine, based on a preponderance of the evidence, whether or not he or she believes the accused Student/Student Organization is responsible for the alleged conduct violations;

(8) If the Hearing Officer determines that the Student or Student Organization is responsible for one or more of the alleged conduct violations, the Hearing Officer will recommend a sanction to the Director of SCCS. In considering what sanctions may be appropriate, the Hearing Officer may consider:

(a) Evidence of any mitigating circumstances presented by the Student/Student Organization; and

(b) Other relevant information, including but not limited to, evidence of prior violations of the Student Conduct Code.

(9) The Hearing Officer will notify the Director of SCCS in writing of the Hearing Officer’s determination of responsibility and recommended sanction.

(10) Upon receiving the Hearing Officer’s recommended sanctions, the Director of SCCS may meet with the Student or Student Organization to hear evidence of any mitigating circumstances. The accused Student/Student Organization may waive his/her/their right to this meeting. The Director of SCCS will then affirm or modify the Hearing Officer’s recommended sanctions as the Director deems appropriate;

(11) The accused Student or Student Organization will be informed orally or in writing of the decision and will be informed of the right to appeal to the Vice Provost for Student Affairs, pursuant to 576-015-0060.

Hist.: OSU 3-2014(Temp), f. 3-5-14, cert. ef. 3-6-14 thru 6-30-14

576-015-0055

Hearing Officer(s) Contingency

If the Vice Provost for Student Affairs or designee believes it is necessary, in order to schedule a timely hearing or because of a potential conflict of interest that might affect the ability of the SCCS Committee to conduct a fair hearing, he or she may appoint a hearing officer or officers to act in place of the SCCS Committee. The hearing officer(s) may be a faculty member or a professional from outside the University. The hearing officer(s) shall hear the case in accordance with these rules and shall recommend to the Director of SCCS appropriate action in each case.

Hist.: OSU 1-1991, f. & cert. ef. 3-6-91; OSU 8-1995, f. & cert. ef. 12-29-95; OSU 4-1998, f. & cert. ef. 6-24-98; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10

576-015-0056

Emergency Action

(1) The Director of SCCS or designee may, in coordination with the Department of Public Safety (“DPS”), take emergency action when necessary to secure the health or safety of other persons, or the Student against whom the action is taken (the accused Student) and there is an alleged violation of the Student Conduct Code.

(2) Emergency Action includes but is not limited to:

(a) Immediate Suspension from the University;

(b) Restriction of the accused Student's presence on University property and/or at University events.

(3) At the time that the Emergency Action takes place, the Director of SCCS or designee shall:

(a) Inform the accused Student of the reason for the Emergency Action;

(b) Give the accused Student the opportunity to explain why an Emergency Action need not be taken;

(c) Inform the accused Student that a preliminary hearing will take place according to section (4) of this rule, and that the accused Student will be informed of its time, place and date.

(4) The preliminary hearing shall take place within two business days of the Emergency Action. At this hearing the accused Student shall have a full opportunity to demonstrate to the Director of SCCS or designee and the Director of DPS or designee that none of the conditions specified in section (1) of this rule apply. As with other proceedings, the accused Student may be accompanied by an advisor, but must speak for him/herself at all times.

(5) Based on the reasonable evaluation of the evidence presented at the preliminary hearing, the Director of SCCS or designee shall notify the accused Student within 24 hours of the decision to:

(a) Dissolve the Emergency Action and take no further action; or

(b) Dissolve the Emergency Action but proceed to a full hearing regarding the accused Student's behavior as prescribed in the Student Conduct Code; or

(c) Sustain the Emergency Action until such time as a formal hearing regarding the accused Student's conduct may be held, but not to exceed two weeks.

(6) Formal hearings subsequent to an Emergency Action shall occur no later than ten (10) business days after the preliminary hearing and shall be administered pursuant to 576-015-0050 to 576-015-0055.

(7) If the Student Conduct Committee or a hearing officer recommends that the restriction on the accused Student's housing or enrollment be removed, the Student will not be assessed fees for reinstatement.

Hist.: OSU 1-2001, f. & cert. ef. 2-21-01; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10; OSU 3-2014(Temp), f. 3-5-14, cert. ef. 3-6-14 thru 6-30-14

576-015-0057

Notice of Decision and Rights of Victim

(1) The University will make an effort to consider the rights and needs of the victim, if there is one, in decisions related to restitution or other sanctions.

(2) If any sanction beyond a verbal warning is imposed after a conduct hearing, the accused Student will be given or sent a letter confirming the decision and University expectations.

Hist.: OSU 4-1998, f. & cert. ef. 6-24-98; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10

576-015-0060

Conduct Action Appeals

(1) Appeals of the decision of the Director of SCCS or Hearing Officer shall be made to the Vice Provost for Student Affairs whose decision is final. In appeals concerning Academic or Scholarly Dishonesty, the Vice Provost for Student Affairs will confer with the Vice Provost for Academic Affairs and International programs or designee before the decision is made.

(2) Appeals must be in writing and filed with the Vice Provost for Student Affairs within 15 calendar days following the date the action is taken.

(3) The request for an appeal must include specific justification, including: errors, failure to consider all of the evidence presented, or any other action, including any new evidence not known at the time of the original hearing, which denied the Student a fair hearing.

Hist.: OSU 1-1991, f. & cert. ef. 3-6-91; OSU 1-1993, f. & cert. ef. 5-7-93; OSU 8-1995, f. & cert. ef. 12-29-95; OSU 4-1998, f. & cert. ef. 6-24-98; OSU 1-2001, f. & cert. ef. 2-21-01; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10; OSU 3-2014(Temp), f. 3-5-14, cert. ef. 3-6-14 thru 6-30-14

576 016 Student Family Housing

Policy No. 576-016

STUDENT FAMILY HOUSING

576-016-0000

Purpose

The purpose of this rule is to set out the eligibility requirements for residence in University student family housing.

Hist.: OSU 1-1995, f. & cert. ef. 2-7-95

576-016-0010

Definitions

(1) "Student Family Housing" means all houses and apartments operated by the Department of University Housing and Dining Services which are rented specifically and only to students who qualify under these rules to rent such houses and apartments, and all grounds and buildings used by tenants and the Oregon State University Department of University Housing and Dining Services for the operation and administration of student family housing rental units and programs.

(2) "Student Family Housing Agreement" means the rental agreement offered by the Department of University Housing and Dining Services for residence in student family housing.

(3) "Dependent" means a child 18 years of age or younger.

(4) "Tenant" means a student who has signed a student family housing agreement and who is occupying a student family housing unit.

(5) "Domestic Partner" means a person who meets current University eligibility requirements for domestic partner status.

Hist.: OSU 1-1995, f. & cert. ef. 2-7-95; OSU 1-1998, f. 6-12-98, cert. ef. 7-1-98

576-016-0020

Student Family Housing Eligibility

(1) To be eligible to apply for residence in student family housing, a student must:

(a) Be admitted to the University;

(b) Complete an application for student family housing with the Department of University Housing and Dining Services;

(c) Pay a non-refundable eligibility screening fee, as established in 576-010-0000; and

(d) Meet the requirements for residence in 576-016-0050.

(2) At the time of application and at the signing of the rental agreement, the student shall present evidence of eligibility.

(3) An application for student family housing will be cancelled:

(a) If the applicant does not enroll at the University for the term for which he or she was initially admitted;

(b) If after the initial term of enrollment, the applicant does not register at the University for each term of the academic year, excluding summer.

Hist.: OSU 1-1995, f. & cert. ef. 2-7-95; OSU 1-1998, f. 6-12-98, cert. ef. 7-1-98; OSU 5-1999, f. & cert. ef. 6-17-99

576-016-0030

Eligibility for Residence

To be eligible to reside in student family housing a student must meet the eligibility requirements for application in 576-016-0020 and must be enrolled in the University and meet the minimum qualifications for satisfactory academic progress as specified in current Oregon State University academic regulations.

Hist.: OSU 1-1995, f. & cert. ef. 2-7-95; OSU 1-1998, f. 6-12-98, cert. ef. 7-1-98

576-016-0040

Residency Requirements

(1) If the student's status or the family status changes in a way that affects eligibility for student family housing, the student's tenancy will be terminated as provided in the student family housing agreement. The student is responsible for notifying the Department of University Housing and Dining Services promptly of any change in status.

(2) Tenants are eligible to reside in student family housing for a maximum of four calendar years from the date on which they sign a student family housing agreement, plus the balance of any academic term which has commenced at the time the four-year period ends.

(3) A tenant's eligibility to live in student family housing shall end thirty days after the end of the month in which the tenant completes his or her undergraduate or graduate academic program at the University.

(4) As long as one of the adult members of the family named on the original rental agreement is a student, tenancy can extend to the maximum of four years, as defined in section (2) of this rule.

(5) All tenancy in student family housing shall be on a month-to-month basis.

(6) The student and the student's qualifying/eligible family members must reside with the student in the rental unit.

Hist.: OSU 1-1995, f. & cert. ef. 2-7-95; OSU 1-1998, f. 6-12-98, cert. ef. 7-1-98; OSU 5-1999, f. & cert. ef. 6-17-99

576-016-0050

Priorities

(1) Students who are single parents with one dependent have first priority for assignment to single bedroom units. Students with a spouse or domestic partner and without dependents have second priority for assignment to single bedroom units. Single graduate students without dependents have third priority for assignment to single bedroom units.

(2) Students with dependents have first priority for two bedroom units. Students with a spouse or domestic partner and without dependents have second priority for assignment to two bedroom units. Single graduate students without dependents have third priority for assignment to two bedroom units.

(3) Students with three to five dependents have first priority for three bedroom units. Students with two dependents have second priority for assignment to three bedroom units.

(4) Each unit is limited to a maximum of two adults. One bedroom units are limited to an overall occupancy of two persons. Two bedroom units are limited to an overall occupancy of four persons. Three bedroom units are limited to an overall occupancy of six persons.

Hist.: OSU 1-1995, f. & cert. ef. 2-7-95; OSU 1-1998, f. 6-12-98, cert. ef. 7-1-98; OSU 5-1999, f. & cert. ef. 6-17-99

576-016-0060

Exceptions

The Director of University Housing and Dining Services, or his or her designee, may make exceptions to these rules based on the following:

(1) Exception to academic enrollment requirements for up to three months due to family emergency, medical condition (including pregnancy of eligible student), extreme financial or personal circumstances, or special academic situation (non-enrolled status for internship, research, thesis) in order to:

(a) Maintain application status under 576-016-0020; or

(b) Continue residency under 576-016-0030 in student family housing.

(2) Extension of length of tenancy under 576-016-0040 for up to six months for completion of academic degree program or for family emergency, medical conditions, extreme financial or personal circumstances, or special academic situation.

(3) Upon a determination that to do so would be consistent with the intent and purpose of these rules.

Hist.: OSU 1-1995, f. & cert. ef. 2-7-95; OSU 1-1998, f. 6-12-98, cert. ef. 7-1-98

576 017 Student Living Groups

Policy No. 576-017

STUDENT LIVING GROUPS

576-017-0005

General Housing Regulations

(1) University policies and administrative rules, including the University Housing and Dining Services Policy Guide, University Housing and Dining Services Room and Dining Contract, and any applicable Student Conduct rules or policies, apply to all residential students or residents who live in UHDS facilities, including residence halls, cooperative houses, or student family housing, regardless of the length of that residency.

(2) All students who live in residence halls, cooperative houses, or student family housing must be regularly enrolled students at Oregon State University, or be residents under contractual agreement to reside in University housing.

(3) University Housing and Dining Services provides services to Oregon State University students living in University housing facilities and is authorized to enforce any relevant policies or administrative rules regarding such facilities.

Hist.: OSU 2-1991, f. & cert. ef. 3-6-91; OSU 3-1994, f. 6-29-94, cert. ef. 7-1-94; OSU 1-1997, f. & cert. ef. 4-21-97; OSU 5-1998, f. & cert. ef. 6-24-98; OSU 5-2011, f. & cert. ef. 6-13-11

576 020 Student Records

Standard No. 576-020

STUDENT RECORDS RULE

576-020-0005

Basic Philosophy

Oregon State University shall generate and maintain only such student records as are demonstrably and substantially relevant to the educational and related purposes of the University, its colleges, schools, or divisions or departments. The University has responsibility to preserve the confidentiality of such records and to protect the individual student's privacy. Public access to personal student records shall be restricted according to provisions of the federal Family Educational Rights and Privacy Act, ORS 351.065, and Division 13 of the Oregon State Board of Higher Education Administrative Rules.

This rule is a detailed statement of the implementation of this philosophy and of federal and state law. The following general rules shall be observed by all persons dealing with students' records:

(1) Only such student records as are demonstrably and substantially relevant to the educational and related purposes of the University, its colleges, schools, divisions, or departments shall be generated and maintained. Records shall be retained as needed and as directed by the University Records Retention and Disposition Schedule.

(2) Institutional officials generating or maintaining duplicate copies of student records (whether permanent or temporary) shall retain them in the same manner as designated in section (1) of this rule.

(3) A student shall not be required to give, although the student may voluntarily provide, information as to the student's race, religion, political affiliation or preference, or personal values except as required by state or federal statute, rule, regulation, or order.

(4) Student records shall be kept in locations central to the University, its colleges, school, divisions, or departments in which they are maintained, with the custody thereof assigned to designated personnel specifically charged with maintaining the confidentiality of the records. A statement of policy regarding student records is published annually in the OSU Barometer. Copies shall be available in the Student Involvement office.

(5) The duplication of permanent student records and the generation of temporary student records shall be kept to a minimum and shall be maintained only for the minimum time required to serve the basic official function of the office which generates and/or maintains them.

(6) The permanent retention of student records shall be limited to those designated in the University Records Retention and Disposition Schedule.

Hist.: OSU 3, f. & ef. 6-20-77; OSU 8-1996, f. & cert. ef. 8-23-96; OSU 10-2001, f. & cert. ef. 11-16-01

576-020-0010

Definition of Terms

(1) "Student" — A person who is or has been enrolled at Oregon State University.

(2) "Educational Record" — Records directly related to a student which are maintained by Oregon State University or by a person acting for the University.

(3) "Directory Information" — Student's name, current mailing address and telephone number, OSU e-mail address, campus office address, class standing, college and major field of study, student level (grad, undergrad, etc.), full-time or part-time enrollment status, status as a graduate teaching assistant or graduate research assistant and hours of service, participation in officially recognized activities and sports, dates of attendance, anticipated graduation date, degrees, honors or awards received, date(s) of degree(s), and most recent previous educational institution attended by student.

(4) "Institutional Official" — 6-19-03 A person employed by the University in an administrative, supervisory, academic, research or support staff position (including health staff); a person, company or entity with whom the University has contracted (such as an attorney, auditor or collection agent); a person serving on the board of trustees; or a student serving on an official committee such as a disciplinary or grievance committee or assisting another school official in performing his or her tasks.

Hist.: OSU 3, f. & ef. 6-20-77; OSU 8-1996, f. & cert. ef. 8-23-96; OSU 10-2001, f. & cert. ef. 11-16-01; OSU 5-2002, f. & cert. ef. 5-8-02; OSU 2-2003, f. & cert. ef. 6-19-03; OSU 3-2004, f. 11-16-04, cert. ef. 1-1-05; OSU 5-2014(Temp), f. 4-15-14, cert. ef. 4-16-14 thru 6-30-14

576-020-0015

Availability of Records

Except as noted below, all educational records are available to students and said records shall not be released to other persons or organizations without the student's prior written approval. A student may see and review with the record's custodian or in his/her absence a staff member of the office or department that maintains the record, all educational records that pertain to the student, except as noted below. Access of the student to the record shall be provided as early as possible, but not later than 45 days following the student's request. In accordance with this policy, a written request from a student for a copy, at the student's expense, of any information in that record shall be honored by the record's custodian except as noted below. Copies shall be provided at the earliest possible date, but not later than 45 days.

(1) Records Not Available: The following are not categorized as "educational records" and/or are not available to students:

(a) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.

(b) Records made or maintained by a physician, psychiatrist, psychologist, or other professional or paraprofessional acting in a professional capacity related to treating a student. However, such records may be reviewed by a physician or other appropriate professional at the student's written request;

(c) Financial records of the student's parents, unless they have given written consent to the student seeking said records;

(d) Confidential evaluations/recommendations placed in the educational records prior to January 1, 1975, if the evaluations/recommendations continue to be used only for their original purpose;

(e) Confidential evaluations/recommendations received after January 1, 1975 for which the student has signed a waiver of the right of access and which are limited to admission to an educational institution, and application for employment, for a recommendation for an honor, or other form of recognition.

(2) Release of Records Without Student Permission. Educational records can be released without permission to:

(a) Institutional officials who have a legitimate educational interest. An institution official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility;

(b) Officials of schools to which the student seeks or intends to enroll. In such cases, the student shall be notified of the transfer of records, and, if the student desires, shall receive a copy of the record sent and have the opportunity for a hearing to challenge the record's contents;

(c) Authorized representatives of the U.S. Comptroller General, the Secretary of HEW, the Attorney General of the United States, and the Chancellor of the Oregon University System;

(d) An agency from which the student has applied for, or is receiving, financial aid;

(e) State and local authorities for whom information was specifically required to be disclosed by state statute prior to November 19, 1974;

(f) Organizations conducting legitimate educational research, testing, accreditation, granting financial aid, or improving instruction; if such data does not permit identification of the student or parents to others, and if the information is destroyed when no longer needed to carry out its specified purpose(s);

(g) The court, if the University initiates legal action against a student or if a student initiates legal action against the University.

(h) Directory Information is available to the public upon request without the student's permission unless the student has requested in writing that the material be kept confidential. A student may request in writing that all directory information be kept confidential. This option may be exercised by completing an authorization form at the Office of the Registrar. This option remains in effect until revoked by the student;

(i) The outcome of a disciplinary action taken against a student accused of sexual assault shall be disclosed to the alleged victim and the accused student;

(3) Release of Records with Student Permission. Except as otherwise noted in this division, all educational records may be released only with the student's prior written permission. The written notice of permission shall be filed with the record thereby released.

Hist.: OSU 3, f. & ef. 6-20-77; OSU 8-1996, f. & cert. ef. 8-23-96; OSU 10-2001, f. & cert. ef. 11-16-01

576-020-0020

Student Right to Waive Access

As noted in 576-020-0015, a student may voluntarily waive the right of access to an educational record. Under no conditions can a student be compelled to waive the right of access. Additionally, a student who waives the right must be informed of the names of persons making confidential evaluations/recommendations and that such evaluations/recommendations are being used only for the purpose originally intended.

Hist.: OSU 3, f. & ef. 6-20-77

576-020-0025

Challenge to Content of Records and Administrative Hearing Process

The student has the right to challenge the content of educational records in order to insure that they are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights. Additionally, the student has the right to request the correction or deletion of such material in the student's own educational records.

(1) If a student challenges the content of a record, the University shall consider the challenge within a reasonable time after it is received. If the student's request for modification of said record is denied, the University shall inform the student of its decision and of his or her right to a hearing. If a hearing is requested, the following procedure will apply:

(a) The University shall hold the hearing within a reasonable time after it receives the request.

(b) The University shall give the student reasonable advance notice of the date, time, and place of the hearing.

(c) The hearing may be conducted by any person, including an institutional official, who does not have a direct interest in the outcome of the hearing.

(d) The University shall give the student a full and fair opportunity to present evidence relevant to the educational records at issue. The student may, at his or her own expense, be assisted or represented by one or more persons of his or her choice, including an attorney.

(e) The University shall make its decision in writing within a reasonable time after the hearing.

(f) The decision shall be based solely on the evidence presented at the hearing and shall include a summary of the evidence presented along with reasons for the decision.

(2) Following the hearing, if the hearing officer determines that information in the educational record is inaccurate, misleading, or otherwise in violation of the student's privacy or other rights, the hearing officer shall:

(a) Amend the record accordingly; and

(b) Inform the student in writing of the change.

(3) Following the hearing, if the hearing officer determines that information in the educational record in not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights, the hearing officer shall inform the student of his or her right to place a statement in the record commenting on the contested information and/or stating why he or she disagrees with the University's decision.

(4) If a student chooses to place a statement in his or her educational record, the University shall:

(a) Maintain the statement with the record for as long as the record is maintained; and

(b) Disclose the statement whenever it discloses the portion of the record to which the statement relates.

Hist.: OSU 3, f. & ef. 6-20-77; OSU 8-1996, f. & cert. ef. 8-23-96; OSU 10-2001, f. & cert. ef. 11-16-01

576-020-0030

Non-Release to Third Parties

All copies of educational records will bear this statement to the effect that: "Under the provisions of the federal Family Educational Rights and Privacy Act, the information contained in this document is not to be released to others without the written consent of the student named herein."

Hist.: OSU 3, f. & ef. 6-20-77; OSU 8-1996, f. & cert. ef. 8-23-96

576-020-0035

Record of Access to Student Records

A written notation shall be made in a student's educational record of each occasion that a person outside the University is given access to it. The notation should indicate the person's name, organization represented, the date and the reason for granting access. However, such notation is not required where:

(1) The disclosure is made to the student as allowed in this policy;

(2) The disclosure is made pursuant to the student's written consent. The written consent must be kept as a permanent part of the student's record;

(3) The disclosure is made to university officials with a designated need to know as part of their official duties;

(4) The disclosure consists of directory information not restricted by the student; or,

(5) The disclosure is made to other officials as noted in 576-020-0015.

Hist.: OSU 3, f. & ef. 6-20-77

576-020-0040

Permanence, Duplication, and Disposal of Student Records

(1) The individual student's record shall be maintained only for the minimum period of time required to serve the functions of the office which generates and maintains it. It should then be disposed of in a manner such as to protect its confidentiality.

(2) Duplication or permanent student records shall be kept to a minimum. Such duplicate permanent records as are made shall be destroyed in the same manner as temporary records as set forth in section (3) of this rule.

(3) All duplicate copies of permanent records and all temporary student records shall be destroyed in a manner such as to protect their confidentiality. Prior access shall be granted to students who have requested access before the records are destroyed.

Hist.: OSU 3, f. & ef. 6-20-77; OSU 10-2001, f. & cert. ef. 11-16-01

576-020-0045

Period for Granting Access

A maximum delay of 45 days is authorized in granting access to education records involving students.

Hist.: OSU 3, f. & ef. 6-20-77

576-020-0050

Subpoenas and Court Orders

If a court order or subpoena is issued to produce an educational record on a student, the University shall immediately take steps to notify the student of this fact prior to release of the record, unless, in the case of a federal grand jury subpoena or other subpoena issued for a law enforcement purpose, the court or issuing agency has ordered the University not to disclose the existence or contents of the subpoena to the student.

Hist.: OSU 3, f. & ef. 6-20-77; OSU 8-1996, f. & cert. ef. 8-23-96; OSU 10-2001, f. & cert. ef. 11-16-01

576-020-0055

Health or Safety Emergencies

The custodian may release information from the educational records to appropriate persons in connection with an emergency, if the knowledge of such information is necessary to protect the health or safety of the student or other persons. However, such information may be released only if the threat to health or safety is serious, if the records are needed to meet the emergency, if there are persons who can use the information to deal with the emergency, and if time is critical in dealing with the emergency.

Hist.: OSU 3, f. & ef. 6-20-77

576-020-0060

Access to Records on Several Students

If a student requests access to an institutional record containing data on several students, including said student, the student shall be given access to only that data relating to said student. The privacy of the other student's data shall not be violated.

Hist.: OSU 3, f. & ef. 6-20-77

 576-020-0065

Annual Publication of Institutional Rule

The University shall publish annually in the OSU Barometer the student records rule of the institution. Copies shall be available in the Student Involvement office. Notice shall include the following:

(1) The right of access to educational records;

(2) The types of educational records being maintained directly relating to students;

(3) The institutional policy for reviewing records;

(4) The student's right to copies of certain educational records;

(5) The student's right to have the meaning of entries in personal educational records explained;

(6) The procedures for challenging the content of educational records and for inserting a denial or correction of disputed data;

(7) The categories of information designated as directory information and the student's right to prevent disclosure of directory information; and

(8) The student's right to file with the U.S. Department of Education a complaint concerning alleged failures by the University to comply with the requirements of these rules and the Family Educational Rights and Privacy Act of 1974, as amended.

Hist.: OSU 3, f. & ef. 6-20-77; OSU 8-1996, f. & cert. ef. 8-23-96; OSU 10-2001, f. & cert. ef. 11-16-01

576 022 Student Appeals and Grievances

Policy No. 576-022

STUDENT APPEALS AND GRIEVANCES

 

576-022-0005

Purpose

(1) The University recognizes the importance of providing an opportunity for appeal for students from decisions made by student governing groups, University administrators, committees, and faculty and staff. Particular care is taken to provide safeguards for students in any action which significantly alters their status at the University, e.g. changes their living situation, prohibits them from participating in certain activities, suspends them from the institution, significantly affects their academic standing.

(2) Basic appeal procedures are summarized in the following rules. Any questions regarding appeal procedures should be directed to the individual department or committee involved or to the Office of the Dean of Students (200 Kerr Administration Building).

(3) Unless otherwise specified, all initial appeals must be filed in writing within 15 calendar days of the decision or action being appealed, and all appeals to subsequent steps in the process must be filed within seven calendar days of the date of the decision at the previous level.

Hist.: OSU 3-1991, f. & cert. ef. 3-6-91; OSU 2-1993, f. & cert. ef. 5-7-93; OSU 9-1996, f. & cert. ef. 8-23-96

 576-022-0010

Student Academic Grievances

Challenges to academic decisions are governed by the Academic Regulations and Procedures adopted by the Faculty Senate, and published in the Schedule of Classes. Those regulations provide:

(1) Student grievances of academic matters including grades and student-instructor conflicts are appealed:

(a) To the class instructor;

(b) To the department head or chairperson;

(c) To the grievance committee of the college if the college maintains such a committee;

(d) To the dean of the college;

(e) To the Provost and Executive Vice President or designee.

(2) Student appeals regarding matters of academic dishonesty are appealed in accordance with written college procedures which must provide at a minimum for appeal to the dean, followed by appeal to the Provost and Executive Vice President. If a college does not maintain its own written appeal procedures, the steps for appeal shall be:

(a) The class instructor;

(b) The department head or chairperson;

(c) The dean of college in which the course is offered;

(d) The Provost and Executive Vice President or designee.

(3) Academic matters outside the authority and responsibility of instructors and the academic colleges are governed through University student-faculty committees. Students seeking an exception to academic regulations and requirements must petition the appropriate committee for a decision. An explanation of regulations, requirements, procedures, and the specific committee to which to direct the appeal can be obtained through the Registrar's Office, 102 Kerr Administration Building.

(a) If other pertinent information or factors become apparent after the original decision is reached, the student may appeal the decision to that committee for reconsideration by providing written documents or appearing in person;

(b) Appeals from committee except as in section (1) of this rule, are made to the Provost and Executive Vice President or designee.

Hist.: OSU 3-1991, f. & cert. ef. 3-6-91; OSU 2-1993, f. & cert. ef. 5-7-93; OSU 9-1996, f. & cert. ef. 8-23-96

 576-022-0020

Student Financial Aid Appeals

A student may appeal a decision of a financial aid staff member concerning the awarding of financial aid:

(1) To the Director of Financial Aid;

(2) To the Scholarship Committee when a scholarship or grant is involved;

(3) To the Financial Aid Committee;

(4) To the Vice Provost for Student Affairs.

Hist.: OSU 3-1991, f. & cert. ef. 3-6-91; OSU 9-1996, f. & cert. ef. 8-23-96

576-022-0025

Student Appeals in Matters of University-Owned Housing

(1) Damages: concern or disagreement on billing for damages is appealed:

(a) To the Assistant Director of University Housing and Dining Services;

(b) To the Director of University Housing and Dining Services.

(2) Denial of contract and removal from a residence hall, cooperative, or family housing are appealed:

(a) To the Director of University Housing and Dining Services;

(b) To the Vice Provost for Student Affairs.

(3) Breaking the housing contract is appealed:

(a) To the Assistant Director of University Housing and Dining Services or designee;

(b) To the Contract Appeals Committee;

(c) To the Director of University Housing and Dining Services.

Hist.: OSU 3-1991, f. & cert. ef. 3-6-91; OSU 9-1996, f. & cert. ef. 8-23-96

 576-022-0030

Student Activities and Organization Appeals

Decisions of a student organization which affect students personally or as a group are appealed:

(1) To the student organization making the decision;

(2) To the appropriate board(s), committee(s), or organization(s) having policy-making jurisdiction over that organization;

(3) To the Vice Provost for Student Affairs.

Hist.: OSU 3-1991, f. & cert. ef. 3-6-91; OSU 3-1997, f. & cert. ef. 4-21-97

576-022-0035

Discipline Action Appeals

(1) University discipline action appeal procedures are described in the Student Conduct Rules, 576-015-0005 to 576-015-0060.

(2) Interliving group council discipline action appeal procedures are published in the bylaws of the respective committees and boards.

Hist.: OSU 3-1991, f. & cert. ef. 3-6-91

 576-022-0045

Student Employment Appeals

(1) Student employees in student affairs departments, including University Housing and Dining Services, appeal grievances:

(a) To the immediate supervisor;

(b) To the unit director or manager;

(c) To the department head;

(d) To the Vice Provost for Student Affairs.

(2) Student employees of other University departments appeal employment-related grievances:

(a) To the immediate supervisor;

(b) To the department chairperson;

(c) To the dean of the college or director of the division.

(3) Student employees may also appeal employment grievances of harassment or of alleged discrimination based on sex, religion, race, color, age, national origin, marital status, sexual orientation, veteran status, or disability to the Affirmative Action Office, 500 Kerr Administration Building, 737-3556.

Hist.: OSU 3-1991, f. & cert. ef. 3-6-91; OSU 9-1996, f. & cert. ef. 8-23-96

576-022-0050

Other

Appeals from decisions made based upon policies and procedures developed by student-faculty or administrative committees involving areas such as traffic and automobiles, student identification cards, and bicycles follow procedures detailed in the appropriate sections of the operating procedures of the relevant committee.

Hist.: OSU 3-1991, f. & cert. ef. 3-6-91

576 023 Athletic Substance Use

DIVISION 23

ATHLETIC DEPARTMENT SUBSTANCE USE AND DRUG TESTING

576-023-0005

Introduction and Purpose

(1) The University will not tolerate or condone the use of illegal drugs and substances, and there is no place in the University’s athletics program for substance abuse or the use of NCAA-banned performance enhancing drugs.  The University’s drug-free athletics policy described herein furthers the University’s interests in ensuring the safety of its student athletes and those who compete against them, maintaining a fair competing field and educating students about the development of a healthy and responsible lifestyle in college and throughout life. 

(2) The University’s drug-free athletics program includes not only random and individualized drug testing, but also educational programs, substance abuse evaluation, treatment and disciplinary measures.

576-023-0010

 Prohibited Substances

The University prohibits student-athletes from using any of the following substances, which may be detected in the University’s drug testing: 

(1)Alcohol

(a) Alcohol is a mood altering substance and poses specific threats to student-athletes in training and competing.  The University thus prohibits its student-athletes from having alcohol in their bloodstream during trainings, practices, competitions, and events sponsored by OSU, even if they are over the age of twenty-one (21) and can drink legally in this state.

Alcohol use is illegal in the state of Oregon for anyone under the age of twenty-one (21), and student athletes under the age of 21 are prohibited from consuming alcohol at any time. 

(b) Additionally, criminal convictions of alcohol related offenses involving the abuse of alcohol, such as DUI, public intoxication and assaults while under the influence of alcohol will be treated as a positive test under these rules.

(2) Illicit Substances.  Illicit Substances are those that are illegal for the individual student-athlete to ingest, including but not limited to narcotic pain medications that have not been prescribed and street drugs like heroin, methamphetamines, cocaine, marijuana, and T.H.C. or “ecstasy.”

(3) Performance Enhancing Drugs

(a) Performance Enhancing Drugs give student-athletes unfair advantages and are a form of cheating. The use of such drugs also poses significant health and safety risks for the student athlete using them and those in competition with them.  For purposes of these rules, the term “Performance Enhancing Drugs,” shall mean all substances banned by the NCAA (see list at www.ncaa.org/sports_sciences/drugtesting), but shall not include Alcohol and Illicit Substances, which are dealt with separately herein.

(b) The NCAA list of banned drug classes is subject to change by the NCAA Executive Committee. Contact NCAA education services or www.ncaa.org/sports_sciences/drugtesting for the current list.  The term "related compounds" comprises substances that are included in the class by their pharmacological action and/or chemical structure.  No substance belonging to the prohibited class may be used, regardless of whether it is specifically listed as an example on the NCAA’s list.

(c) Many nutritional/dietary supplements contain NCAA-banned substances. In addition, the U.S. Food and Drug Administration (FDA) does not strictly regulate the supplement industry, and the purity and safety of nutritional/dietary supplements cannot be guaranteed. Impure supplements may lead to a positive drug test. The use of these types of supplements is at the student-athlete's own risk. Student-athletes should contact their team physician, athletic trainer or sports nutritionist for further information.

576-023-0015

 Safe Harbor for Self-Reporting

(1) Any student-athlete may refer himself/herself for evaluation or counseling by contacting a coach, athletic trainer, team physician and/or psychologist for athletics. The University will not share this self-report with anyone who does not have a need to know, and no OSU team or administrative sanctions will be imposed upon the student-athlete who has made a personal decision to seek professional assistance (prior to notification of a scheduled drug test or prior to testing positive).

(2) The benefits available under this section cannot be utilized by a student-athlete as a means of simply avoiding sanctions of a positive drug test, so this safe harbor cannot be claimed after an athlete is notified of an impending drug test.

(3) The athlete claiming this safe harbor may still be temporarily medically ineligible during the time period that he/she is deemed by the team physician unfit to continue participation safely.

(4) This safe harbor provision does not prevent the NCAA from testing student-athletes and student-athletes will remain subject to those sanctions imposed by the NCAA in the event of a positive NCAA drug test.

576-023-0020 

 Types of Drug Testing

 (1)The University engages in two kinds of drug-testing of student-athletes: tests initiated on the basis of individualized reasonable suspicion of prohibited substance use and random tests.

(2) Reasonable suspicion testing.

(a) “Reasonable suspicion” shall not mean a mere "hunch" or "intuition." It shall instead be based upon a specific event or occurrence which has led to the belief that a student-athlete has used any prohibited drugs specified in 576-023-0010.

(b) Such belief may be engendered by, among other things, direct observation by coaches, trainers, team physician, or other appropriate personnel of physical or mental deficiency or of medically indicated symptomology of tested-for drug use, or of aberrant or otherwise patently suspicious conduct or of unexplained absenteeism. This includes but is not limited to observed possession of drugs, drug paraphernalia or substances appearing to be prohibited, arrest or conviction related to the possession or transfer of prohibited substances, or observed abnormal appearance or behavior that is known to indicate potential drug or alcohol use. Examples of such appearance or behavior may include, but are not limited to: decline in academic or athletic performance, missing classes or appointments, falling asleep in class, significant weight change, lethargy, agitation or nervousness, short temper, acts of violence or loss of friendships.

(c) Such belief may also be engendered by, among other things, information supplied by reliable third parties, including but not limited to law enforcement officials, if said information is corroborated by objective facts, including but not limited to, equivocal, contradictory, or unlikely and unsubstantiated explanation by the individual about whom the report is made. Should information that leads to reasonable suspicion be provided by law enforcement, prosecutorial or probation department officials, the University will only utilize and act upon such information if it succeeds in getting a written agreement from the law enforcement source that results of a potential test will not be used by law enforcement to prosecute or revoke parole.

(d) Such belief may also be engendered by common-sense conclusions about observed or reliably described human behavior upon which practical people ordinarily rely.

(e) Such belief may also be engendered by a previous positive test under these procedures within the preceding twelve months or by a previous positive test over twelve months old if in combination with factors described in 2(a)-(c).

(3) Random drug testing.  All student-athletes are subject to unannounced random drug testing throughout the entire year, including summer sessions. Student-athletes will be selected for testing using a random number system run by a computer program. Little or no notice may be given for a forthcoming test.  Every student-athlete shall be subject to every random test administered under these rules.

Hist.: OSU 5-1989, f. 12-13-89, cert. ef. 1-1-90; OSU 10-1991, f. & cert. ef. 11-13-91

576-023-0025

Testing Method

(1) The method adopted by the Athletic Department for testing for drug use shall be through an independent Substance Abuse and Mental Health Services Administration (SAMSHA) approved laboratory analysis of urine or oral fluid samples provided by student-athletes. Urine specimens shall be collected in the proximity of a trained monitor of the same sex who is assigned for that purpose by the Athletic Department administration in accordance with generally accepted standards in the industry.  All samples will be collected as split specimens, such that each tested student will have a Sample A bottle and a Sample B bottle of specimens for testing. These procedures for specimen collection and monitoring will be provided to the student athlete prior to collection. Coaches shall not be involved in the specimen collection process.

(2) A copy of the rules describing the Athletic Department Substance Use and Drug Testing Policy shall be included in the Student Athlete Handbook which shall be given to each student athlete before the start of the playing season or when the name of the student-athlete is first entered upon the team roster, whichever is later.

(3) A student-athlete need not be given prior notice that a urine sample will be collected. A student-athlete who refuses to provide a urine sample during the test process or within four hours of the designated time shall be deemed to have tested positive for the drugs in question unless a legitimate medical cause exists which prevents them from producing urine. If unable to provide a sample, an oral fluid specimen may be offered with a follow up urine test performed the following day.

(4) Sample B Testing

(a) Any student-athlete who tests positive under sample A testing will be given the option to request the Sample B bottle to be tested. In connection with Sample B testing, the student-athlete will be responsible for the cost of: (1) testing, (2) transfer of the specimen from the initial laboratory to a second SAMSHA approved laboratory and (3) any costs associated with the handling of Sample B.

(b) The student-athlete must request the Sample B testing within 3 days (72 hours) of being notified that the Sample A bottle tested positive. The request must be submitted in writing by the student-athlete to the Director of Sports Medicine. If requested, the Director of Sports Medicine will authorize Sample B bottle to be sent from the storage at the initial SAMSHA approved laboratory to another SAMSHA approved laboratory and Sample B testing. OSU may initiate temporary sanctions and corrective measures while awaiting results of the Sample B test. 

Hist.: OSU 5-1989, f. 12-13-89, cert. ef. 1-1-90; OSU 4-2001, f. & cert. ef. 4-25-01

576-023-0030

Drug Education and Counseling Services

The Athletic Department administration shall provide a program of drug information and counseling referral for student-athletes in concert with campus and community resources.

Hist.: OSU 5-1989, f. 12-13-89, cert. ef. 1-1-90

576-023-0035

Positive Test Results Sanctions

(1) All positive test results are considered cumulative for the entire University career of the student-athlete.

(2) Any follow-up drug test will be considered a “positive” test if it indicates a spike in the amount of the illicit or banned substance or additional use of any substance prohibited by these rules.

(3) Any student who refuses to sign the consent form, refuses to provide a test specimen, refuses to show up for the drug test, or tampers with the validity of the specimen or test will be considered to have a positive test result for the suspected substance under these rules. 

(4) Alcohol and Illicit Substances. If the student-athlete tests positive for the use of prohibited Alcohol or Illicit Substances, the sanctions will be as follows:

(a) First Positive Test Result – Prohibited Alcohol and Illicit Substances

(A) The Director of Athletics, the Team Physician and Head Coach will be informed by the Director of Sports Medicine in writing of a positive test. The student-athlete will be notified in writing of the positive test by the Director of Sports Medicine.

(B) The team physician will coordinate an additional evaluation by a substance abuse counselor approved by the Department of Athletics.

(C) The substance abuse counselor will recommend to the Director of Sports Medicine a plan for treatment and education.  The team physician, head coach and athletic trainer may also submit reports regarding recommended education or remediation plans to the Director of Sports Medicine.

(D) The Director of Sports Medicine will determine a management plan for the student-athlete after evaluating any reports that may be submitted by the counselor, physician, head coach and athletic trainer. The student-athlete may also be temporarily medically ineligible if he/she is deemed unfit by the team physician to continue participation safely.

(E) The student athlete will have a reduction of playing time equivalent to 10% of the competitive season for the student athlete's sport. The student-athlete’s reduction is calculated as 10 percent of a season's regular contests.  Contests used to fulfill the penalty must be contests or dates of competition considered for championship selection. The withholding requirement is 10 percent of the NCAA Bylaw 17 maximum in each sport, regardless of how many contests or dates of competition are scheduled by an institution.

(F) The student-athlete must participate in and complete the Substance Abuse educational program provided by the University’s Student Health Services.  Failure to initiate the process within 2 weeks of notification indicates failure to comply and will be grounds for suspension from participation in University intercollegiate sports.

(G) The student-athlete will still be subject to reasonable suspicion and random testing throughout his or her career at the University.

(H) Re-instatement of full playing time privileges will occur following a negative follow-up drug test at the end of the suspension period and upon approval by the Director of Sports Medicine.

(b) Second Positive Test Result – Prohibited Alcohol and Illicit Substances

(A) The Director of Athletics, the team physician, and head coach will be informed by the Director of Sports Medicine in writing of a second positive test. The student-athlete will be notified in writing of the second positive test by the Director of Sports Medicine.

(B) The team physician will coordinate an additional evaluation by a substance abuse counselor approved by the Department of Athletics.

(C) The substance abuse counselor will recommend to the Director of Sports Medicine a plan for treatment and education.  The team physician, head coach and athletic trainer may also submit reports regarding recommended education or remediation plans to the Director of Sports Medicine.

(D) The Director of Sports Medicine will determine a management plan for the student-athlete after evaluating the reports of the counselor, physician, head coach and athletic trainer.

(E) The student-athlete must participate in and complete the Substance Abuse educational program provided by the University’s Student Health Services.  Failure to initiate the process within 2 weeks of notification indicates failure to comply and will be grounds for suspension from participation in University intercollegiate sports.

(F) The student-athlete will still be subject to reasonable suspicion and random testing throughout his or her career at the University.

(G) The student-athlete will have his or her playing time reduced by 30 percent of the competitive season and may carry forward if reduction is not fulfilled during the current season. The student-athlete’s reduction is calculated as 30 percent of a season's regular contests.  Contests used to fulfill the penalty must be contests or dates of competition considered for championship selection. The withholding requirement is 30 percent of the NCAA Bylaw 17 maximum in each sport, regardless of how many contests or dates of competition are scheduled by an institution.

(H) The athlete may also be temporarily medically ineligible if he/she is deemed unfit by the team physician to continue participation safely.

(I) Re-instatement of full playing time privileges will occur following a negative follow-up drug test at the end of the suspension period and upon approval by the Director of Sports Medicine.

(c) Third Positive Test Result – Prohibited Alcohol and Illicit Substances. 

(A) The Director of Athletics, the team physician, and head coach will be informed by the Director of Sports Medicine in writing of a third positive test. The student-athlete will be notified in writing of the third positive test by the Director of Sports Medicine.

(B) The team physician will coordinate an additional evaluation by a substance abuse counselor approved by the Department of Athletics.

(C) The substance abuse counselor will recommend to the Director of Sports Medicine a plan for treatment and education.  The team physician, head coach and athletic trainer may also submit reports regarding recommended education or remediation plans to the Director of Sports Medicine.

(D) The Director of Sports Medicine will determine a management plan for the student-athlete after evaluating the reports of the counselor, physician, head coach and athletic trainer. This must include consideration of inpatient or intensive outpatient rehabilitation.

(E) The student-athlete must participate in and complete the Substance Abuse educational program provided by the University’s Student Health Services.  Failure to initiate the process within 2 weeks of notification indicates failure to comply and will be grounds for suspension from participation in University intercollegiate sports.

(F) The student-athlete will still be subject to reasonable suspicion and random testing throughout his or her career at the University.

(G) The student-athlete will have his or her playing time reduced by 365 days from the date the sample was provided.

(H) The athlete may also be temporarily medically ineligible if he/she is deemed unfit by the team physician to continue participation safely.

(I) Re-instatement of full playing time privileges will occur following a negative follow-up drug test at the end of the suspension period and upon approval by the Director of Sports Medicine.

(d) Fourth Positive Test Result – Prohibited Alcohol and Illicit Substances.  A fourth positive test result shall automatically cause the student-athlete to have immediate and permanent dismissal from any team on which the student-athlete participates. All athletically-related financial aid shall be terminated beginning with the next academic term to the extent permitted under NCAA rules.

(e) Selling or Providing Illegal Drugs. Any student-athlete convicted of selling or providing an illegal drug to another person is subject to immediate and permanent dismissal from any team on which the student-athlete participates, as well as the termination of any athletic financial aid to the extent permitted under NCAA rules.

(f) Failure to Follow Treatment Plan.  Failure of the student-athlete to comply with a treatment or management plan mandated under these rules will result in immediate suspension from all practices, games and athletic department functions until the Director of Sports Medicine determines sustained compliance with the plan. If the Director of Sports Medicine determines that the student-athlete is still not complying with the plan after one competitive season for the sport, the student-athlete will be immediately dismissed from the team and all athletically-related financial aid shall be terminated beginning with the next academic term to the extent permitted under NCAA rules.

(g) Performance Enhancing Drugs – If the student-athlete tests positive for the use of Performance Enhancing Drugs, the sanctions will be as follows:

(A) First Positive Test Result – Performance Enhancing Drugs. A student-athlete who tests positive for the use of Performance Enhancing Drugs is ineligible to represent the University in intercollegiate competition during the time period starting with the date of the positive drug test and ending one calendar year later.   In addition, the Director of Sports Medicine will determine a management plan for the student-athlete which will include education or counseling.

(B) Second Positive Test Result – Performance Enhancing Drugs. A student-athlete who tests positive for the use of Performance Enhancing Drugs a second time shall be declared permanently ineligible to represent the University in intercollegiate competition.  The student shall be immediately and permanently dismissed from the team and all athletically-related financial aid shall be terminated beginning with the next academic term to the extent permitted under NCAA rules.

(5) A student-athlete who loses grant-in-aid under these rules may appeal that decision under University procedures regarding non-renewal of financial aid.

Hist.: OSU 5-1989, f. 12-13-89, cert. ef. 1-1-90; OSU 10-1991, f. & cert. ef. 11-13-91; OSU 5-1995, f. & cert. ef. 12-13-95; OSU 4-2001, f. & cert. ef. 4-25-01; OSU ef. 8-1-14

576-023-0040

Records Security

(1) The University has no purpose of invoking or facilitating criminal justice procedures or Student Conduct Code disciplinary proceedings arising out of the use or ingestion of the tested-for substances.

(2) The University in conducting the testing program is not acting in aid of, or as an agent for, state or federal law enforcement officials. Nor are those administering the tests acting as, for, or on behalf of the Office of Student Conduct.

(3) Test results shall be deemed by the University as part of a student's educational/ medical records protected from disclosure under state and federal law. However, these laws do not immunize student educational records from disclosure pursuant to a subpoena or court order. In such an instance, the University will take reasonable steps to notify the record-subject in advance of compliance with any such subpoena or order. The University or the record-subject may move the court or agency to quash any portion of the subpoena which pertains to drug testing records or to withdraw or narrow any such court order.

(4) The University will treat test results as confidential student records to be disclosed only to those OSU employees with a need to know.

576 024 Articles Prohibited

Policy No. 576-024

ARTICLES PROHIBITED IN CERTAIN ATHLETIC FACILITIES

576-024-0000

Prohibited Articles

(1) The following items are not allowed anywhere within Reser Stadium or within the defining fence around it, or anywhere within Gill Coliseum during periods when it is being used for an event open and advertised to the public:

(a) Glass containers of any kind;

(b) Metal cans;

(c) Weapons, and destructive devices, as provided in 576-065-0000 to 576-065-0020;

(d) Fireworks, explosives or explosive devices, inflammables, and artificial noisemakers as provided in the rules of the Pacific 12 Conference, available in the OSU Department of Intercollegiate Athletics;

(e) Alcohol or alcoholic beverages, except as provided in 576-060-0010 to 576-060-0039;

(f) Briefcases, athletic bags, packages, duffel bags, coolers, ice chests, picnic baskets, and other similar containers capable of concealing prohibited articles, except that backpacks and other small bags may be used for carrying personal possessions;

(g) Signs on sticks or poles;

(h) Umbrellas.

(2) Exceptions to the above prohibitions are limited to:

(a) Alcoholic beverages and alcoholic beverage containers belonging to Oregon State University concessionaire or catering services contracting with the University for its officially sponsored social functions, e.g. receptions, meetings, promotional activities, etc.;

(b) Weapons of law enforcement officials while on duty for the scheduled event;

(c) Megaphones used by cheerleaders;

(d) Functions held within the Valley Football Center or elsewhere in Reser Stadium, including the press box structure, which have been approved by the Department of Intercollegiate Athletics.

(3) University employees or agents shall request, as a condition of the license to enter the facility, that persons about to enter allow them to look inside all backpacks and other bags for carrying personal possessions, purses and diaper bags.

(a) The person(s) entering the facility will be asked by University staff or agents to reveal the items in the backpack, purse or bag. Staff or agents shall inform person(s) in possession of the backpack, purse or bag of the reason for the inspection. Staff or agents shall further inform the persons entering the facility that they may decline the inspection and shall inform them of the following options available if they decline inspection:

(A) The person(s) will be denied admission to the facility, and will then be entitled to receive an immediate refund of the price of the ticket at the “Will Call” booth; or

(B) The person(s) may return the backpack, purse or bag to a vehicle and then enter the facility without such item.

(b) If the container is opened for inspection, and prohibited items are found by staff or agents, the possessor of such items shall be offered a choice of discarding the item(s), or returning them to a vehicle as provided in (3)(a)(B) of this rule;

(c) Personnel making the inspection requests are not obliged to cause persons to wait in line unduly while other inspections are proceeding. They must, however, request the inspection of the next person who appears carrying inspectable containers as soon as they have completed any given inspection;

(d) Inspections made under this rule do not include pat-down inspection of clothing being worn but do extend to carried items. Entering persons will be encouraged to keep moving through gates and doorways.

(4) If prohibited articles are openly possessed by a person inside the facility, that person shall be considered to have violated the license to enter and view the event. The license is then revoked and the person(s) shall be requested to leave immediately. A refusal or failure to leave following such a request can cause the person to be treated as a trespasser.

(5) If a refund is requested under the provisions of subsection (3)(a)(A) of this rule, a bearer coupon shall be delivered promptly by University officials. This bearer coupon may be exchanged for a full refund immediately at the “Will Call” or other appropriate ticket booth.

(6) Prohibited items which may be seen without inspection are subject to the same consequences as specified in section (3) of this rule.

(7) Signs shall be prominently displayed at entrances to the facilities listing prohibited articles, and providing notification of the request for inspection and the right to decline options.

Hist.: OSU 4-1993, f. & cert. ef. 6-4-93; OSU 7-2001(Temp), f. & cert. ef. 9-28-01 thru 3-26-02; OSU 3-2002, f. & cert. ef. 2-25-02; OSU 6-2008, f. 6-27-08, cert. ef. 7-1-08; OSU 1-2012(Temp), f. & cert. ef. 3-30-12 thru 6-30-12; OSU 2-2012, f. & cert. ef. 5-9-12

576 025 Student Health Services

Policy No. 576-025

STUDENT HEALTH SERVICES AND INSURANCE

576-025-0005

Student Health Services

The Student Health Service (Plageman Hall) provides student health services in accordance with the rules of the Oregon State System of Higher Education, 580-011-0005. Charges for services are itemized in the University's fee rule, 576-010-0000.

Hist.: OSU 6-1980, f. & ef. 12-3-80; OSU 5-1994, f. & cert. ef. 6-30-94

576-025-0020

Health Insurance Requirements for Non-Immigrant International Students and Their Dependents

(1) In order to assist the University in complying with federal regulations, and to ensure the quality of the educational and cultural experience of non-immigrant international students at Oregon State University, such students must demonstrate their ability to meet their financial responsibilities in full. These responsibilities include the provision by non-immigrant international students of medical care for themselves and dependent family members in the United States.

(2) As used in this rule, "OSU Plan" means the insurance plan available through Oregon State University for non-immigrant international students.

(3) All non-immigrant international students enrolled part- or full-time at Oregon State University shall provide health insurance coverage for themselves and their dependent family members in the United States. Non-immigrant international students may fulfill this requirement by enrolling themselves and their dependent family members in the OSU Plan, or by securing a comparable insurance waiver under section (5) of this rule, within 21 days of enrollment at OSU.

(4) Charges for enrollment of international students and their dependents in the OSU plan will automatically be billed to such students' OSU accounts unless they have secured a comparable insurance waiver under section (5) of this rule. Students who are enrolled for spring term will automatically be billed and enrolled for both spring and summer term.

(5) A non-immigrant international student who does not wish to participate in the OSU Plan may apply to the Director of Student Health Services for a comparable insurance waiver. Such application shall be submitted to the Student Health Insurance Office on a form provided by that office, which will require documentation of coverage. A comparable insurance waiver may be granted only when the student is covered by an alternative policy, plan or contract that provides comparable coverage:

(a) "Comparable coverage" means that the alternative policy, plan or contract meets or exceeds all levels of coverage provided by the OSU Plan, including any exclusions, the maximum amount of coverage per accident and illness, and the maximum amount of cumulative benefit; and that the alternative policy, plan or contract is either backed by the full faith and credit of the government of the international student's home country; is part of a health benefits program offered on a group basis to employees or enrolled students by a designated sponsor; or is an alternative plan lawfully sold in Oregon.

(b) Documentation of such coverage must indicate in English the insurance company's name and address for billing purposes, policy number, the coverage terms of the policy, the effective dates of the policy, and any exclusions, the names of the individuals covered by the policy, and the maximum amount of coverage per accident and illness and/or in terms of cumulative benefits.

(c) In all cases proof of continuous coverage is required during the student's program of study.

(d) Notwithstanding section (5)(a) of this rule, the Vice Provost for Student Affairs may designate as comparable coverage any plan for which non-immigrant international students are eligible that is offered through a University-recognized collective bargaining agreement.

(6) Non-immigrant international students may contest the factual premise underlying any decision to deny a comparable insurance waiver by presenting their documentation and arguments before the Vice Provost for Student Affairs.

(7) A non-immigrant international student whose request for a comparable insurance waiver is denied shall be enrolled in the OSU Plan and premiums will be billed to the student's OSU account.

Hist.: OSU 6-1980, f. & ef. 12-3-80; OSU 5-1994, f. & cert. ef. 6-30-94; OSU 3-2003, f. 6-19-03, cert. ef. 9-18-03

576 030 Vehicles, Transportation and Parking

Standard No. 576-030

STANDARDS GOVERNING THE USE OF VEHICLES, NON-MOTORIZED TRANSPORTATION, AND PARKING

576-030-0005

Authority to Establish Standards Regulating Use of Motor Vehicles and Non-Motorized Transportation; Scope and Applicability

Authority to establish Standards governing the use of all motorized vehicles and non-motorized transportation on the Oregon State University (OSU) property is derived from Oregon statutes.  Strict enforcement of these Standards is necessary to maintain safety on OSU streets, reduce congestion, improve security, and effectively utilize parking facilities.  Unless otherwise designated below, these Standards govern the use of all Vehicles and non-motorized transportation on OSU owned or managed property.

Hist.: OSU 1-1978, f. & ef. 10-16-78; OSU ef. 9-1-14

576-030-0010

Application of Motor Vehicle Laws of the State of Oregon and Relevant City

All motor vehicle laws and ordinances of the State of Oregon and the relevant city, specifically including, but not limited to, ORS Chapters 801 through 823 together with adopted amendments, are applicable to public roads.  All provisions of the above motor vehicle laws are applicable and enforceable except as they conflict or are inconsistent with these Standards.

Hist.: OSU 1-1978, f. & ef. 10-16-78; OSU 3-1992, f. 6-5-92, cert. ef. 10-1-92; OSU ef. 9-1-14

576-030-0015

Definitions

For the purpose of these Standards:

(1) “Campus Core” means that part of the Corvallis Campus marked on the linked map.

(2) “Commuter Parking Zones” means the A1, A2, A3, B1, B2, B3, and C parking zones identified on the linked map of the Corvallis Campus.  Valid parking permits are required for general use parking spaces in the Commuter Parking Zones from 7 am to 5 pm Monday through Friday.  Permits are not required on holidays during which OSU is not open for business.

(3) “Compact vehicle” (as used on Signage) means small Vehicle that does not exceed 5'6" by 15'6."

(4) “Corvallis Campus” means the geographical area of OSU’s campus in Corvallis, Oregon, as marked on the linked map.

(5) “ADA Parking” means parking space(s) designated by Signage as reserved for vehicles displaying a valid Americans with Disabilities Act (“ADA”) parking placard issued by Department of Motor Vehicles (DMV) along with a valid OSU permit.

(6) “Motorized Two-Wheel Vehicles” means motorcycles, mopeds and motor scooters, with or without a side-car. 

(7) "Parked" means that a Vehicle is stopped regardless of the period of time the Vehicle is stopped or whether a driver is present in the Vehicle when it is stopped, unless the Vehicle is stopped for reasons beyond the driver’s reasonable control.

(8) “Parking space” means any space marked by painted lines and curbs, and not marked as a “No Parking” area.

(9) “Residence Hall Parking Zones” means the BR and CR parking zones identified on the linked map of the Corvallis Campus.

(10) “Signage” means signs placed by OSU to designate parking information. Signage may be posted or painted on the pavement.

(11) “Trailer” means every vehicle without motive power designed to be drawn by another vehicle.

(12) “Utility Cart” or “Golf Cart” means a motor vehicle that:

(a) Has not less than three wheels in contact with the ground;

(b) Has an unloaded weight less than 1,300 pounds;

(c) Is designed to be and is operated at not more than 15 miles per hour; and

(13) "Vehicle" means any type of motor-powered or alternative-powered conveyance including, but not limited to, automobiles, trucks, Utility/Golf Carts, and Motorized Two-Wheel Vehicles.

(14) “Vendor” means businesses or agencies with which OSU has contracted to locate full or part-time employees on the Corvallis Campus.

Hist.: OSU 1-1978, f. & ef. 10-16-78; OSU 3-1987, f. & ef. 6-11-87; OSU 2-1990, f. 6-15-90, cert. ef. 10-1-90; OSU 6-1993, f. 6-9-93, cert. ef. 10-1-93; OSU 6-1999, f. & cert. ef. 6-17-99; OSU 3-2009, f. 6-16-09, cert. ef. 7-1-09; OSU 4-2012, f. 6-6-12, cert. ef. 7-1-12; OSU ef. 9-1-14

576-030-0020

Parking Permits for Corvallis Campus

(1) OSU offers a variety of parking permits for parking in designated parking areas on the Corvallis Campus.  Unless otherwise specified by Signage, parking permits are required for parking motorized vehicles on the Corvallis Campus.  Parking permits and informational parking brochures relating to the Corvallis Campus may be obtained from Parking Services.  Permits must be clearly displayed in Vehicles as specified in the applicable parking brochure in order to park in the areas or spaces for which the parking permits are valid.  Parking on the Corvallis Campus without a properly displayed, current parking permit in areas or spaces where it is required may result in a citation and a fine.

(2) Parking permits and their fees are specified at parking.oregonstate.edu. Permits will not be issued to persons who have an outstanding balance on their Parking Services account.

(3) Unless otherwise specified on the parking permit, annual parking permits will expire on September 30th.

(4) Parking permits are registered to the person to whom they are issued and may not be used or transferred to other persons for parking on the Corvallis Campus unless to members of a carpool with which that person is affiliated and the use or transfer facilitates the carpool activities.

(5) It is the responsibility of an individual who changes vehicles or license plates after initial registration to submit changes promptly to Parking Services.  The associated OSU identification number must be included on all requested changes.

(6) Annual parking permits for Commuter Parking Zones may be purchased by full- or part-time employees of OSU, commuting OSU students, emeritus faculty, and Vendors, all as supply allows.  Annual parking permits are initially issued to employees with priority given to those with longer purchasing history, and thereafter on a first come, first served basis.  The prices for parking permits differ by Commuter Parking Zone.

(7) Annual parking permits for Residence Hall Parking Zones on the Corvallis Campus may only be purchased by students who have active contracts for on-campus housing with OSU Housing and Dining Services.  Commuter Parking Zone locations at corresponding parking rates are not available to students residing on the Corvallis Campus, unless the Director of Transportation Services determines otherwise for a particular academic year. 

(8) Permits for Motorized Two-Wheel Vehicles may be purchased for use in accordance with OSU Standard 576-030-0060.

(9) Monthly parking permits may be purchased for any 30 calendar days by OSU employees, students, emeritus faculty, Vendors and Visitors, for use in Commuter Parking Zones as designated by the parking permit.

(10) One day parking permits may be purchased by visitors, department guests, emeritus faculty, employees, students, and Vendors for use in Commuter Parking Zones and short-term parking lots.

(11) Department parking permits may be purchased by OSU departments for use by OSU personnel who are required to utilize their personal Vehicle in the performance of official duties. A valid OSU Commuter Parking Zone parking permit must be displayed along with the Department parking permit.  The Department parking permit is valid for up to three (3) hours in all Commuter Parking Zones, not in Residence Hall Parking Zones.  Department parking permits expire on September 30, unless otherwise specified.

(12) A Vehicle not otherwise allowed to enter or park in the area designated “Campus Core” pursuant to OSU Standard 576-030-0025 may be issued a courtesy Campus Core Load/Unload parking permit, which allows the Vehicle to park in signed service parking spaces and loading zones in the “Campus Core” for up to 30-minutes.

(13) Parking on the Corvallis Campus in spaces designated by Signage as ADA Parking requires a valid OSU parking permit in addition to a valid ADA parking placard issued by the Department of Motor Vehicles (DMV).  Both the parking permit and ADA placard must be properly displayed at all times.  Requests for reserved disabled parking spaces should be submitted to the OSU Office of Equity and Inclusion for approval.  ADA Visitor parking permits will be issued only to OSU visitors (non-students and non-employees) who display a valid, DMV-issued ADA placard. This parking permit allows for three (3) hours of free parking in all ADA parking spaces in Commuter Parking Zones. 

(14) Utility/Golf Cart parking on the Corvallis Campus must display a Utility Cart parking permit.  Utility Cart parking permits may be purchased by OSU departments or Vendors on the Corvallis Campus.  Utility/Golf Carts must be registered with Parking Services with identification in the form of a license plate or Vehicle Identification Number and corresponding contact information for the owner of the vehicle.  Utility Cart parking permits expire on September 30, unless otherwise specified.  Unpermitted and unregistered Utility/Golf Carts are subject to immobilization and fines.

(15) Lost or stolen parking permits should be reported to Parking Services.  A replacement parking permit will be issued after payment of the replacement fee set in OSU’s List of Fees and Charges, pursuant to OSU Standard 576-010-0000.

(16) Reserved parking spaces are for exclusive use by a College, School, Department, or other approved organizations such as businesses or agencies required to park on the Corvallis Campus to facilitate provision of services to be provided to OSU and must be renewed annually with payment of a fee set forth in OSU’s List of Fees and Charges, pursuant to OSU Standard 576-010-0000.  Reserved parking permits may be assigned to individuals based on their position with OSU.  A valid reserved parking permit must be properly displayed in Vehicles together with an OSU parking permit that is valid for the parking zone in which the reserved space is located.  Requests for reserved parking spaces are reviewed by Parking Services and only granted in rare circumstances as capacity allows.

(17) Dedicated parking spaces are for exclusive use by clients of an OSU department providing a service to the Corvallis Campus community such as parking spaces for Student Health Services and prospective students.  Parking Services manages the creation or removal of dedicated Parking Spaces, as capacity allows.

(18) Service parking space(s) are for use by OSU-owned Vehicles with a valid Service permit. The Director of Transportation Services or designee may issue a Service parking permit for certain Vendor Vehicles with a demonstrated need for access to Service parking spaces.

Hist.: OSU 1-1978, f. & ef. 10-16-78; OSU 3-1987, f. & ef. 6-11-87; OSU 2-1990, f. 6-15-90, cert. ef. 10-1-90; OSU 7-1991, f. 6-3-91, cert. ef. 10-1-91; OSU 3-1992, f. 6-5-92, cert. ef. 10-1-92; OSU 6-1993, f. 6-9-93, cert. ef. 10-1-93; OSU 3-1995, f. & cert. ef. 6-20-95; OSU 5-1996, f. & cert. ef. 6-21-96; OSU 2-2004, f. 6-23-04, cert. ef. 7-1-04; OSU 3-2009, f. 6-16-09, cert. ef. 7-1-09; OSU 4-2012, f. 6-6-12, cert. ef. 7-1-12; OSU ef. 9-1-14

576-030-0025

Driver Responsibility

(1) All persons operating Vehicles at OSU are responsible for knowing and adhering to the Standards stated herein.  The Standards are enforced at all times.

(2) Responsibility for locating a legal parking space rests with the operator of the Vehicle.  Lack of space is not a valid excuse for violating any OSU parking Standards.

(3) In the event of conflict between Signage and these or other Standards, Signage shall control and must be followed.

(4) Only Vehicles with a valid ADA placard, a valid Campus Core Load/Unload parking permit, a valid Service permit, emergency-response Vehicles, U.S. Postal Service Vehicles, OSU Campus Shuttle buses, public transit buses and non-motorized transportation may enter or park in the area designated “Campus Core” by Signage.

(5) OSU is not responsible for any Vehicle or its contents parked on OSU property or environs. Individuals assume all risk of accident and property loss, personal injury, and property damage.

(6) OSU may issue citations and enforce fines against both the parking permit holder, the registered owner of the Vehicle and the person in possession or control of the Vehicle at the time a violation of these Standards or Signage occurs.

Hist.: OSU 1-1978, f. & ef. 10-16-78; OSU 2-1990, f. 6-15-90, cert. ef. 10-1-90; OSU 6-1993, f. 6-9-93, cert. ef. 10-1-93; OSU 6-1999, f. & cert. ef. 6-17-99; OSU 3-2009, f. 6-16-09, cert. ef. 7-1-09; OSU ef. 9-1-14

576-030-0035

Refunds

Parking Services may issue refunds for fees paid for parking permits pursuant to a parking permit refund schedule.  The parking permit for which the refund is sought must be returned to Parking Services before the refund may be issued.  A refund will not be issued to a person who has an outstanding balance on his or her Parking Services account, but the refund will be applied to the outstanding account balance.  Any refund amount that exceeds the outstanding Parking Services account balance will be issued after the balance is satisfied.

Hist.: OSU 1-1978, f. & ef. 10-16-78; OSU 3-1992, f. 6-5-92, cert. ef. 10-1-92; OSU 6-1993, f. 6-9-93, cert. ef. 10-1-93; OSU 3-1995, f. & cert. ef. 6-20-95; OSU 5-1996, f. & cert. ef. 6-21-96; OSU 2-2004, f. 6-23-04, cert. ef. 7-1-04; OSU 3-2009, f. 6-16-09, cert. ef. 7-1-09; OSU ef. 9-1-14

576-030-0040

Driving and Parking Standards

(1) Anyone operating a Vehicle on OSU property shall observe Signage, speed limits, barricades, bicycle lanes, crosswalks, stop signs, and all other parking and traffic signs and Standards and shall drive in a safe and prudent manner.  The speed limit is 15 MPH unless Signage directs otherwise.  Driving or parking Vehicles on sidewalks, lawns, and other areas not designated for driving or parking is prohibited.

(2) Parking areas on the Corvallis Campus are reserved for Vehicles with specific parking permits, as indicated by OSU Standard 576-030-0020.

(3) Corvallis Campus Parking Spaces are marked by painted lines, curbs and Signage. Any area not specifically designated for parking is a "No Parking Zone."

(4) No Vehicle may be parked in more than one parking space or stall.

(5) Vehicles may not be parked in loading zones at any time for any purpose other than loading and unloading.  The maximum time limit in loading zones is thirty (30) minutes or as otherwise specified by Signage.

(6) Unlicensed Vehicles and Vehicles without OSU parking permits parked more than 24 consecutive hours on OSU property Monday through Friday may be considered abandoned and subject to removal at the registered owner’s expense.  After 72 hours those vehicles will be removed at the Registered Owner's expense unless an extension has been granted by Parking Services or by the OSU Department of Public Safety.  Vehicles displaying a current OSU parking permit that remain in a commuter lot more than 30 contiguous days will be considered abandoned and subject to removal at the permit-holder’s expense.

(7) All Vehicles driven on OSU property shall be operated by a legally licensed driver.  The license must be displayed upon request of Department of Public Safety Officers or Oregon State Police.

(8) Reserved, service and timed parking areas are enforced at all times unless otherwise posted or as provided in these Standards.

(9) Persons are prohibited from living in Vehicles of any kind on OSU property.  Streets, lots and other areas are not to be used as living areas for cars, trailers, campers, motor homes, trucks, buses or other like Vehicles.  Violators may be cited for improper parking or the Vehicle may be booted or towed.

(10) Only Compact vehicles may be parked in parking spaces marked for Compact vehicles by Signage.

Hist.: OSU 1-1978, f. & ef. 10-16-78; OSU 3-1987, f. & ef. 6-11-87; OSU 2-1990, f. 6-15-90, cert. ef. 10-1-90; OSU 3-1992, f. 6-5-92, cert. ef. 10-1-92; OSU 6-1993, f. 6-9-93, cert. ef. 10-1-93; OSU 3-1995, f. & cert. ef. 6-20-95; OSU 2-2004, f. 6-23-04, cert. ef. 7-1-04; OSU 3-2009, f. 6-16-09, cert. ef. 7-1-09; OSU 4-2012, f. 6-6-12, cert. ef. 7-1-12 (1) ; OSU ef. 9-1-14

576-030-0050

Penalties for Offenses

(1) Fines will be imposed for:

(a) Failure to display a parking permit on any Vehicle parked on Corvallis Campus in violation of these Standards or Signage.

(b) Counterfeiting, altering, defacing, or giving false information in an application or hearing, or for misuse of any parking permit. Such a violation will result in the revocation of the parking permit in addition to a fine.

(c) Parking in a "No Parking" area.

(d) Parking in an area on Corvallis Campus not authorized by the parking permit on display in the Vehicle.

(e) Unauthorized parking in an ADA Parking space or van access area as designated by Signage.

(f) Parking on a lawn, sidewalk, crosswalk, bike lane, driving lane or any area on Corvallis Campus not designated by Signage as a parking area.

(g) Parking overtime at single or multi-space meters or posted timed parking areas.

(h) Living in a Vehicle parked on OSU owned or managed property.

(i) Parking in a posted fire lane.

(j) Parking a full size Vehicle in a parking space marked by Signage for a Compact vehicle.

(2) Any other offenses not specified herein which are violations of the motor vehicle laws and ordinances of the State of Oregon, relevant city or OSU, may be prosecuted in the appropriate state or municipal courts.

(3) A Vehicle will be booted or towed and impounded, subject to towing and storage fees at the Registered Owner’s expense, in addition to fines, if the Vehicle is a traffic hazard, a hazard to pedestrians or public safety, if it impedes OSU’s operations, it is an unregistered Utility/Golf Cart, or if it is parked without authorization in a reserved parking space.

(4) In the event three or more unpaid citations are associated with a Vehicle, Parking Services may do any combination of the following:

(a) Terminate the Vehicle parking permit without a refund;

(b) Boot the Vehicle until all citation fines have been paid. Booted Vehicles are subject to tow after three (3) days.

Hist.: OSU 1-1978, f. & ef. 10-16-78; OSU 3-1987, f. & ef. 6-11-87; OSU 2-1990, f. 6-15-90, cert. ef. 10-1-90; OSU 6-1993, f. 6-9-93, cert. ef. 10-1-93; OSU 2-1994, f. & cert. ef. 6-8-94; OSU 3-1995, f. & cert. ef. 6-20-95; OSU 5-1996, f. & cert. ef. 6-21-96; OSU 2-2004, f. 6-23-04, cert. ef. 7-1-04; OSU 3-2009, f. 6-16-09, cert. ef. 7-1-09; OSU 6-2009, f. & cert. ef. 10-15-09; OSU 4-2012, f. 6-6-12, cert. ef. 7-1-12; OSU ef. 9-1-14

576-030-0055

Enforcement and Appeals

(1) All penalties prescribed in OSU Standard 576-030-0050, other than violations referred to appropriate courts of law as provided in 576-030-0050(2), will be administratively enforced by OSU.  For all administratively enforced violations, a parking citation or notice of offense, including the scheduled fine, will be issued to the person charged with the violation who is in possession or control of the Vehicle or parking permit in use, or it will be attached to the Vehicle.

(2) Fines for cited violations must be paid to Parking Services, on or before the date indicated on the citation.  Citations not paid within thirty days may be sent for collection.

(3) A person charged with a violation may appeal the citation by paying the scheduled fine and filing an appeal request within ten (10) days of the citation issuance date.  The appeal must be submitted online on the Parking Services website or in writing to the Director of Transportation Services or designee.

(4) A notice of OSU’s decision on the appeal will be issued within thirty (30) business days of receipt of the appeal request.  If the result of the appeal is a reversal or a reduction of the citation, all or a portion of the citation fees will be issued from OSU to the appellant by check.  If the Director of Transportation Services or designee does not respond to the appeal in writing within thirty (30) days of receiving the appeal, the appeal is deemed denied.

(5) A person who fails to pay and appeal a violation on or before the date specified in the citation forfeits his or her right of appeal.

(6) All judgments rendered represent the final decision of OSU and are not subject to further appeal within OSU.

Hist.: OSU 1-1978, f. & ef. 10-16-78; OSU 3-1987, f. & ef. 6-11-87; OSU 2-1990, f. 6-15-90, cert. ef. 10-1-90; OSU 7-1991, f. 6-3-91, cert. ef. 10-1-91; OSU 3-1992, f. 6-5-92, cert. ef. 10-1-92; OSU 6-1993, f. 6-9-93, cert. ef. 10-1-93; OSU 2-1994, f. & cert. ef. 6-8-94; OSU 3-1995, f. & cert. ef. 6-20-95; OSU 3-2009, f. 6-16-09, cert. ef. 7-1-09; OSU 4-2012, f. 6-6-12, cert. ef. 7-1-12; OSU ef. 9-1-14

576-030-0060

Motorized Two-Wheeled Vehicle Operation

(1) Parking areas for Motorized Two-Wheeled Vehicles are specifically designated by Signage.  Motorized Two-Wheeled Vehicles may not park in Vehicle parking spaces during the hours when parking permits are required.

(2) Motorized Two-Wheeled Vehicles may not park in any areas prohibited for other motorized Vehicles including sidewalks, bicycle parking areas, bicycle lanes, or pedestrian areas.

(3) Motorized Two-Wheeled Vehicles are prohibited from entering or parking in the area designated “Campus Core” by Signage, unless otherwise authorized by Parking Services or OSU Department of Public Safety.

Hist.: OSU 1-1978, f. & ef. 10-16-78; OSU 3-1987, f. & ef. 6-11-87; OSU 2-1990, f. 6-15-90, cert. ef. 10-1-90; OSU 7-1991, f. 6-3-91, cert. ef. 10-1-91; OSU 6-1993, f. 6-9-93, cert. ef. 10-1-93; OSU 3-2009, f. 6-16-09, cert. ef. 7-1-09; OSU 4-2012, f. 6-6-12, cert. ef. 7-1-12; OSU ef. 9-1-14

576-030-0070

Skateboard, Skate and Non-motorized Scooter Standards

(1) Skateboard, skate and non-motorized scooter use is prohibited on the Corvallis Campus, except use as specified in these Standards.

(2) Skateboards, skates and non-motorized scooters may be operated in McAlexander Field House in the area designated for their use.  All other use of skateboards, skates and non-motorized scooters is prohibited in OSU buildings on the Corvallis Campus.

(3) Skateboards, skates and non-motorized scooters may be operated on OSU’s paved roadways that are designed for vehicular travel.

(4) Skates may be operated on paths, walkways, and sidewalks at no greater than a walking speed.

(5) Skateboards, skates and non-motorized scooter users shall yield the right-of-way to pedestrians, Vehicles and bicycles while in the roadway, as well as emergency Vehicles.

(6) Skateboard, skate and non-motorized scooter users shall obey all stop and yield signs.

(7) Skateboards, skates and non-motorized scooters shall not be used on that portion of Jefferson Street on the Corvallis Campus that is commonly known as Library Hill (immediately south of Valley Library up until 15th Street) and must be walked across the Memorial Union Quad.

(8) Skateboard, skate and non-motorized scooter users shall not perform acrobatics or other stunts when using skateboards, non-motorized scooters or while wearing skates.

(9) All persons using skateboards, skates or non-motorized scooters as authorized by this Standard shall use them in a reasonable and prudent manner, having due regard to traffic, pedestrians' rights, surface of the roadway, the hazard at intersections, and any other condition then existing.

(10) Any person who violates this Standard is subject to:

(a) Issuance of an OSU Citation and a fine.  (Fines can be found on the OSU Fees web page.

(b) Institutional disciplinary proceedings, if a student or employee;

(c) An order to leave the immediate premises or property owned or controlled by OSU by a person in charge of OSU property.

(11) Persons failing to comply with an order by a person in charge to leave or to remain off the immediate premises or property owned or controlled by OSU are subject to arrest for criminal trespass.

(12) Parents and guardians of minors; and adult operators, including students, staff and faculty; are responsible for damage to OSU buildings or property by their skateboards, skates or non-motorized scooters and for payment of any fines.

(13) The Vice President for Finance and Administration, the Vice Provost for Student Affairs, Department of Public Safety Director, Manager of Environmental Health and Safety, Director of Facilities Services, Director of University Housing and Dining Services, Director of Conferences and Special Events, the Director of the Memorial Union and Educational Activities, and their designees are included among those "persons in charge" of OSU property for purposes of ORS 164.205(5) and this Standard.

Hist.: OSU 1-1987, f. & ef. 4-21-87; OSU 5-1990, f. 9-7-90, cert. ef. 9-15-90; OSU 3-1993, f. & cert. ef. 5-7-93; OSU 2-1994, f. & cert. ef. 6-8-94; OSU 2-1999(Temp), f. & cert. ef. 4-14-99 thru 9-30-99; OSU 7-1999, f. & cert. ef. 9-9-99; OSU 3-2009, f. 6-16-09, cert. ef. 7-1-09; OSU 4-2012, f. 6-6-12, cert. ef. 7-1-12; OSU ef. 9-1-14

576-030-0090

Bicycle Standards

(1) Bicycles must be operated in a safe manner and be equipped in accordance with applicable state laws and city ordinances.  Bicyclists shall maintain a safe speed and shall obey all applicable Signage and state, city, and OSU laws and Standards regarding bicycle use.  All bicycles that are operated, parked, or stored on the Corvallis Campus by students, staff, or faculty may be registered with OSU’s Department of Public Safety.

(2) Bicycles must be equipped with a brake that enables the operator to make the braked wheels skid on dry, level, clean pavement.

(3) A bicycle or its rider must be equipped with lighting equipment that must be used during hours of darkness and during limited visibility conditions.  The lighting equipment required includes:

(a) A white light attached to the front of the bicycle, visible from a distance of at least 500 feet; and

(b) A red reflector or lighting device or material attached to the rear of the bicycle, visible from a distance of at least 600 feet.

(4) Bicycles must not be operated on sidewalks or other walkways unless Signage indicates otherwise.

(5) Bicyclists involved in collisions shall call the Department of Public Safety for assistance.  All involved individuals shall remain at the collision site until released by the attending officer.  When a collision results in an injury, a written accident report must be submitted to OSU’s Department of Public Safety by the individuals involved.

(6) Bicycles may be parked, stored, or left only in areas so designated by bicycle racks, Signage or storage.  Bicycles parked at bicycle racks at or near academic or research buildings longer than five days will be considered abandoned and will be impounded.

(7) Bicycle users may be cited for:

(a) Improper or unsafe operation of a bicycle including failing to obey a traffic control device , having more persons on a bicycle than it is designed to hold, riding with such a load as to impede visibility or safe operation of the bicycle, and riding faster than the posted speed limit;

(b) Use of improper or inadequate equipment including no bicycle headlight, no rear reflector or lighting device, and no bicycle helmet for riders under 16 years of age;

(c) Being parked in a way that creates a hazard, including blocking the bicycle or traffic lane, blocking access to any stairway, ramp or doorway, and blocking access to any handrail or other device used to aid entry to a building or structure;

(d) Being parked in a way that hinders the use of a bicycle parking device by other bicyclists;

(e) Being parked in buildings except in designated bike rooms;

(f) Any other violations of these Standards or applicable state law and city ordinances.

(8) The fine for any such citation can be found on the OSU Fees web page. Bicycle citations may be appealed in writing within 10 days to the Director of Public Safety or designee.  If the Director of Public Safety or designee does not respond to the appeal in writing within thirty (30) days of receiving the appeal, the appeal is deemed denied.

(9) Bicycles may be impounded by OSU’s Department of Public Safety if they are left in a place that creates a safety hazard or if they appear to be non-functional or abandoned.  A notice of impoundment will be sent to the registered bike owner, if known, within 24 hours.  Bicycles may be claimed from OSU’s Department of Public Safety by identifying the bicycle and paying the citation fine and impoundment fee to Parking Services.  OSU will not be liable for the cost of repair or replacement of a securing device damaged when removing and impounding a bicycle.

(10) Registrants and owners are responsible for parking violations involving their bicycles.

(11) Bike lockers are available for rent on an annual or term basis from Parking Services at fees established in OSU’s List of Fees and Charges, pursuant to OSU Standard 576-010-0000

Hist.: OSU 4-1987, f. & ef. 6-11-87; OSU 3-1992, f. 6-5-92, cert. ef. 10-1-92; OSU 2-1994, f. & cert. ef. 6-8-94; OSU 3-1995, f. & cert. ef. 6-20-95; OSU 3-2009, f. 6-16-09, cert. ef. 7-1-09; OSU ef. 9-1-14

576 035 State-Owned Vehicles

Policy No. 576-035

USE AND SAFETY RULES FOR TRAVEL IN STATE-OWNED OR CONTROLLED VEHICLES

576-035-0000

Purpose

Oregon State University adopts these rules to govern use of vehicles on official university business by faculty, staff, and students.

Hist.: OSU 4-1992, f. & cert. ef. 6-5-92

576-035-0010

Definitions

(1) "Vehicle" means cars, vans, trucks, and buses.

(2) "State-owned Vehicle" means a vehicle which is owned by or registered in the name of the State of Oregon, Oregon State University, or any of its departments.

(3) "Hired Vehicle" means a vehicle which is leased, hired, or rented by the State, Oregon State University, or any of its departments.

(4) "State Business" means any activity for which all or part of the expenses may be reimbursed by any unit, department, or program of Oregon State University.

(5) "Faculty and Staff" means personnel on the university payroll and volunteers who are registered with the Business Affairs Office.

(6) "Student" means a person currently enrolled/registered at OSU.

(7) "Officially Sanctioned Program" means any program undertaken to further the instructional, research, or service missions of Oregon State University or designed to promote the cultural and physical development of students. Such programs include but are not limited to:

(a) Academic department programs;

(b) Co-curricular programs;

(c) Intramural, recreational sports, club sports, and intercollegiate athletic programs;

(d) Any student programs or activities identified by the Vice Provost for Student Affairs or designee. Examples of such activities include, but are not limited to, student government, student housing activities, and activities sponsored by student organizations that are consistent with the university's mission.

Hist.: OSU 4-1992, f. & cert. ef. 6-5-92; OSU 7-1994, f. & cert. ef. 10-11-94

576-035-0020

Uses by Faculty, Staff, and Students

(1) Vehicles must be operated within the laws, rules and regulations of the State of Oregon and the policies and procedures of OSU, as found in the OSU Motor Pool Handbook, the OSU Safety Procedures Handbook and the Motor Pool Information Policies and Procedures Publication, all available at the OSU Motor Pool Office. State-owned vehicles are for state business only and may not be used for any private purpose except as specifically authorized by State Department of Administrative Services regulations.

(2) Drivers of state-owned vehicles, or hired vehicles must certify that they:

(a) Possess a driver's license valid in Oregon;

(b) Have not committed a "major traffic offense", as defined in ORS 153.500 and enumerated in the OSU's Safety Procedures Handbook, within the past 36 months, as certified by a check of DMV records;

(c) Have satisfactory driving experience with the type of vehicle being used.

(3) Drivers of state-owned or hired vehicles shall:

(a) Ensure that all passengers have an operable seat belt;

(b) Prior to a trip, evaluate the route, weather conditions and other circumstances to determine which additional safety equipment such as a flashlight, ice scraper, first aid kit, emergency instructions, tire chains, etc. are necessary;

(c) File itineraries, to include destinations and anticipated departure and return times, with the Motor Pool;

(d) Provide for a relief driver if travelling continuously for over four hours and carrying passengers;

(e) Make rest stops every two hours on long trips where practical.

(4) The use charge for state-owned vehicles must be paid from an appropriate state account.

(5) Non-state employees and non-students riding in state-owned vehicles may do so only when authorized by a university department head.

(6) Use of state vehicles for home-to-office travel is not authorized and shall be considered vehicle misuse.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from OSU.]

Hist.: OSU 4-1992, f. & cert. ef. 6-5-92; OSU 7-1994, f. & cert. ef. 10-11-94

576-035-0030

Students

Students shall have access to university Motor Pool services and state-owned vehicles subject to the following general guidelines:

(1) Student use of Motor Pool vehicles is authorized only for events or activities directly related to an officially sanctioned program.

(2) Student organization use of state vehicles is restricted to student organizations receiving student fee program funds collected by the university student fee funding procedure.

(3) Students participating in student fee funded programs under the auspices of the Memorial Union and Student Activities or the Recreational Sports Program must present an authorized purchase order to the Motor Pool before obtaining vehicle access.

(4) If a student is not an OSU employee, he/she must present a student driver authorization form from the department or unit head before obtaining a Motor Pool vehicle.

Hist.: OSU 4-1992, f. & cert. ef. 6-5-92; OSU 7-1994, f. & cert. ef. 10-11-94

576-035-0040

SafeRide Program

SafeRide is a transportation service dedicated to assault prevention and safe transit for OSU – Corvallis campus students.  SafeRide provides transportation to OSU students in Corvallis and Philomath.  The program is owned, operated and regulated by Oregon State University, and funded through the collection of mandatory student fees.  Students are not charged separately per trip, mile or hour.

(1) SafeRide is available to OSU students only, and is not available to non-student employees, faculty, family members, children or pets.

(2) SafeRide vehicles travel within posted boundaries only.  Priority is given to academic and work-related rides.  SafeRide does not drop off passengers at commercial locations.

(3) SafeRide provides rides to groups of five or fewer passengers.

(4) Disability accommodations may be requested when calling for a ride (e.g. a wheelchair accessible van, a honk upon arrival if sight-impaired, turn on flashers if hearing-impaired).

(5) Drivers will wait no more than five minutes past the given arrival time.  Drivers will not park in taxi cab or bus parking areas, and will only park in legal public parking spaces.

(6) SafeRide reserves the right to refuse service to students exhibiting behavior that would be unsafe in a vehicle

(7) Smoking, eating, and consumption of alcoholic beverages are prohibited in SafeRide vehicles.

576 040 Smoking

Standard No. 576-040

POLICY ON SMOKING IN UNIVERSITY BUILDINGS AND THE CORVALLIS CAMPUS

 576-040-0010

Purpose

It is the policy of Oregon State University (the “University”) that students, faculty, staff, consultants, contractors and visitors are entitled to and will be provided smoke-free areas in which to study, work, teach, conduct research, transact business, and otherwise participate in University activities.

Hist.: OSU 3-1988(Temp), f. 7-12-88, cert. ef. 7-15-88; OSU 6-1988, f. & cert. ef. 11-9-88; OSU 10-2011, f. & cert. ef. 12-27-11

576-040-0012

Definition

(1) “Smoking” means inhaling or exhaling smoke from, or burning or carrying, any lighted Smoking Instrument, or using an electronic cigarette or device intended to simulate smoking.

(2) “Smoking Instrument” means a cigar, cigarette, pipe, electronic cigarette or other device intended to simulate smoking.

(3) “Corvallis Campus” means the entire area within the boundary of the University’s Corvallis campus, as illustrated at http://oregonstate.edu/smokefree/map, as well as all other University-owned property within Benton County that is marked with signage indicating a no-smoking environment.

(4) “Enclosed University facilities” means all University-owned space between a floor and a ceiling that is enclosed on three or more sides by permanent or temporary walls or windows, exclusive of doors or passageways that extend from the floor to the ceiling.

(5) “Service Line” means any indoor line, or any portion of an indoor line that extends out of doors, at which one or more persons are waiting for or receiving services of any kind, whether or not such services involves the exchange of money.

Hist.: OSU 8-1998, f. & cert. ef. 8-24-98; OSU 10-2011, f. & cert. ef. 12-27-11

576-040-0015

Areas in Which Smoking is Prohibited

Smoking or carrying any lighted Smoking Instrument is prohibited:

(1) Within Enclosed University Facilities, including but not limited to offices, reception areas, laboratories, lavatories, classrooms, stairwells, hallways, lobbies, meeting rooms, gymnasiums, elevators, and storage rooms; and

(2) In any indoor or outdoor space on the Corvallis Campus, including but not limited to parking lots, grounds, rooftops, athletic facilities, entrances and exit ways;

(3) Within all vehicles on Corvallis Campus;

(4) With the exception of Corvallis Campus, within ten (10 feet of any entrance, window, or ventilation system of any Enclosed University Facility where smoking is prohibited or of any Service Line that extends out of doors; and

(5) Within any University Motor Pool vehicle.

Hist.: OSU 3-1988(Temp), f. 7-12-88, cert. ef. 7-15-88; OSU 6-1988, f. & cert. ef. 11-9-88; OSU 11-1991, f. & cert. ef. 11-13-91; OSU 8-1998, f. & cert. ef. 8-24-98; OSU 10-2011, f. & cert. ef. 12-27-11

576-040-0020

Appeal

Anyone aggrieved by the application of these rules may appeal in writing within 10 days to the Vice President for Finance/Administration or designee.  If the Vice President for Finance/Administration or designee does not respond to the appeal in writing within 10 days of receiving the appeal, the appeal is deemed denied.

576-045 ANIMAL CONTROL

576-045-0000

Purpose

Oregon State University adopts these rules to control animals on campus.

Hist.: OSU 7-1995, f. & cert. ef. 12-13-95

576-045-0010

Definitions

(1) "Animal" means any bird, reptile or mammal kept as a pet.

(2) "Leash" means any rope, strap, chain or similar device not exceeding six feet in length, held in the hand of a person capable of controlling the animal to which it is attached.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: OSU 7-1995, f. & cert. ef. 12-13-95

576-045-0020

Regulation

(1) The City of Corvallis animal control ordinance, Corvallis Municipal Code 5.03.050, together with any adopted amendments, is applicable and enforceable on university owned and controlled property within the City.

(2) No person shall bring an animal onto university owned or controlled property and leave it unattended for any length of time.

(3) No person shall attach any animal by the use of any leash or other device to any tree, pole, fence, sign, building, fire hydrant, vehicle or other object on university owned or controlled property.

(4) No person shall confine or attach an animal within or to a motor vehicle either leashed, tied or loose in such a way that the animal can extend beyond that vehicle.

(5) Animals are not allowed on university owned or controlled property unless on a leash and under the control of a person capable of controlling the animal.

(6) No person shall bring an animal onto university owned or controlled property unless it has a current license.

(7) Animals are not permitted in university owned or controlled buildings.

(8) Exceptions:

(a) Assistance animals trained to assist a physically impaired person in one or more daily life activities, including but not limited to Guide Dogs for the Blind, Companion Dogs for the Deaf, Canine Companions for Independence (including those dogs in training), or those associated with a comparable nationally recognized organization;

(b) Animals under guidance and control of university staff for the purpose of research or other academic endeavors.

(c) Pets of professional and teaching faculty who live in residential facilities operated by University Housing and Dining Services (UHDS), when authorized in advance by UHDS under criteria established by UHDS. Such criteria shall address health and safety concerns and the suitability of the animal for living in a residence hall setting.

Hist.: OSU 7-1995, f. & cert. ef. 12-13-95; OSU 7-1997, f. & cert. ef. 6-16-97; OSU 2-2005, f. & cert. ef. 12-16-05

576-045-0030

Sanctions

(1) Any person who violates this rule is subject to:

(a) Issuance of a University Notification by a Public Safety Officer;

(b) An order to leave the premises and remove the animal from property owned or controlled by the university by a person in charge of university property;

(c) Disciplinary action, if a student or university employee.

(2) Animals found on university or controlled property in violation of 576-045-0020 will be impounded and taken to the Human Society if the owner cannot be readily located.

(3) Persons failing to comply with an order by a person in charge to leave or to remain off the immediate premises or property owned or controlled by the University are subject to arrest for criminal trespass.

(4) The Vice President for Finance and Administration, Director of Facilities Services, Manager of Environmental and Public Safety, Security Services Manager, Public Safety Officers, Director of Student Housing and Residence Programs and their designees, have the authority of "persons in charge" of university property for purposes of ORS 164.205 and this rule.

Hist.: OSU 7-1995, f. & cert. ef. 12-13-95; OSU 7-1997, f. & cert. ef. 6-16-97

576-045-0040

Appeal

Anyone aggrieved by the application of these rules may appeal in writing within 10 days to the Vice President for Finance/Administration or designee.  If the Vice President for Finance/Administration or designee does not respond to the appeal in writing within 10 days of receiving the appeal, the appeal is deemed denied.

576-050 FACULTY GRIEVANCE PROCEDURE

 576-050-0010

Purpose

(1) The University encourages the resolution of grievances through informal means and discussion in keeping with the collegial atmosphere of a university. The University is also committed to a formal procedure for consideration of grievances that are not resolved through informal processes.

(2) The procedure set out in this rule is available to any unclassified employee with faculty rank as defined in this rule and in the rules of the State Board of Higher Education.

(3) This grievance procedure may be used to hear any complaint by a faculty member that he or she was wronged in connection with compensation, tenure, promotion or other conditions of employment, or that his or her rights were denied as to reappointment. "Other conditions of employment" shall include, but not be limited to, violations of academic freedom, nondiscriminatory employment practices and discriminatory employment practices including sexual harassment, and laws, rules, policies and procedures under which the institution of higher education employing the academic employee operates. Disciplinary sanctions are imposed in accordance with 580-021-0320 and shall not be subject to this grievance procedure.

(4) The University may elect not to proceed with a grievance if the grievant also seeks resolution in another forum.

(5) If the grievance concerns a matter to which contested case procedures apply, the grievant may elect to use the procedures in 576-002-0020 to 576-002-0055.

Hist.: OSU 1-1988, f. 5-16-88, cert. ef. 6-1-88

576-050-0015

Definitions and Mail Requirement

(1) "Days" as used in this rule shall mean calendar days.

(2) "Presentation of the Grievance" as used in 580-021-0050 means receipt of the grievance by the dean, director or unit executive officer as specified in 576-050-0025.

(3) "Faculty Mediator" is an employee with faculty rank chosen by the Faculty Senate Executive Committee. Emeritus faculty shall be eligible to serve as the Faculty Mediator.

(4) "Faculty Grievance Committee" is a committee of five academic employees with faculty rank chosen by the Faculty Senate Executive Committee and charged with the responsibility for hearing faculty grievances in accordance with these procedures. Any person with faculty rank may submit nominations to the Executive Committee for consideration. The Executive Committee shall choose at least one female and one minority member. Three members shall constitute a quorum. The Executive Committee of the Senate shall select a Chair.

(5) "Faculty Rank" means faculty ranks as defined in the rules of the State Board of Higher Education and includes faculty without rank but with professional title.

(6) All appeals, decisions, or recommendations referred to in this rule shall be sent by U.S. Mail or University campus mail.

Hist.: OSU 1-1988, f. 5-16-88, cert. ef. 6-1-88; OSU 1-1989(Temp), f. 2-9-89, cert. ef. 2-10-89; OSU 2-1989, f. & cert. ef. 5-30-89; OSU 5-1991, f. & cert. ef. 3-6-91; OSU 11-1996, f. & cert. ef. 8-23-96; OSU 8-2012, f. 12-24-12, cert. ef. 1-1-13

576-050-0020

Informal Procedures

(1) Prior to filing a formal grievance a faculty member is encouraged to discuss the grievance with his or her supervisor (or dean, director, unit executive officer or Affirmative Action Director). The immediate supervisor shall respond to the grievant within fifteen (15) days.

(2) The Affirmative Action Office must be notified of any grievance alleging discrimination, including sexual harassment. The Affirmative Action Director, if so requested by the grievant, will investigate any grievance alleging discrimination and attempt to help the parties resolve the issue.

(3) The faculty member or the Chair of the Grievance Committee, with the faculty member's concurrence, may request the Faculty Mediator to review and attempt to resolve all other grievances, including those the Affirmative Action Director determines not to be valid claims of discrimination.

(4) The Mediator may meet with the grievant and take what action he or she considers appropriate in attempting to resolve the grievance, including interviewing or consulting other persons. The Mediator and all parties to the grievance shall keep the mediation process confidential to the extent possible under law. Statements made in mediation shall not be admissible in a grievance hearing.

(5) Nothing in this rule shall require a faculty member to use informal grievance procedures before filing a formal written grievance, provided that a faculty member must notify the Affirmative Action Office of all claims of unlawful discrimination, including sexual harassment, before filing a written complaint.

Hist.: OSU 1-1988, f. 5-16-88, cert. ef. 6-1-88; OSU 5-1991, f. & cert. ef. 3-6-91; OSU 11-1996, f. & cert. ef. 8-23-96

576-050-0025

Initiation of Formal Procedures

(1) If a grievance is not resolved to the satisfaction of the grievant at the informal stage, or if the grievant chooses to bypass the informal stage, the grievant may file a formal written grievance. A grievance shall be filed with the dean, director, or executive officer in charge of the administrative unit, except:

(a) Where the grievant is a department chair in which case the grievance shall be filed with the Provost and Executive Vice President; or

(b) Where the grievant alleges sexual harassment against the person in charge of the administrative unit, in which case the grievance shall be filed with the next higher administrator.

(2) The grievant shall file a copy of the written grievance with the Legal Advisor in the Office of the President. The formal grievance must be filed within sixty (60) days of the time the faculty member knew or by reasonable diligence should have known of the acts which gave rise to the grievance. Therefore, discussion or mediation at the informal stage should be initiated as soon as possible. The University shall extend the sixty (60) day filing requirement if the grievant is pursuing the complaint at the informal level and it appears that additional time would be beneficial in resolving the grievance. Extension by the University shall be in writing by the Legal Advisor.

(3) The written grievance must contain the grievant's name and address, the date and nature of the act or omission which gave rise to the grievance, any rule, policy or procedure alleged to have been violated or misapplied, and the remedy requested by the grievant.

(4) The dean, director, unit executive officer, or the respective designee shall send a written decision to the grievant within twenty (20) days of receipt of the grievance.

(5) If the sole basis of the grievance is a claim of an unlawful discriminatory employment practice or practices, the grievant may waive in writing the right to file a formal grievance under this rule and may elect instead to file a formal complaint of discrimination with the Office of Affirmative Action and Equal Opportunity. If the grievant elects to file with the Office of Affirmative Action and Equal Opportunity, the grievant shall be entitled to that office's procedures and shall have no further rights to the procedures set forth in this Division 50.

Hist.: OSU 1-1988, f. 5-16-88, cert. ef. 6-1-88; OSU 11-1996, f. & cert. ef. 8-23-96; OSU 3-2005, f. & cert. ef. 12-16-05

576-050-0030

Appeal to the Faculty Grievance Committee

(1) If the decision of the dean, director, or unit executive officer is not satisfactory to the grievant, the grievant may file a written appeal with the Faculty Grievance Committee within ten (10) days of receipt of the written decision, stating why the response at the previous level is deficient. This step is optional with the grievant. The grievant may bypass the Committee and file the appeal directly with the President.

(2)(a) The Committee shall send to the grievant a written notice of the time and place of the hearing at least seven (7) days prior to the hearing;

(b) At the Committee hearing the faculty member shall present his or her case first, followed by the person or persons who are the object of the grievance. Thereafter the faculty member shall have an opportunity to respond;

(c) Each party shall have a right to call and examine witnesses, to introduce exhibits or other documents. The members of the Committee may question any witness and may call additional witnesses;

(d) If the grievant so chooses he or she may be accompanied by or represented at the hearing by any other person;

(e) Either party may provide for and obtain a sound recording of the hearing;

(f) The hearing shall be open to the public at the option of the grievant to the extent allowed by law. However, deliberations of the Grievance Committee shall not be open to the public or the parties.

Hist.: OSU 1-1988, f. 5-16-88, cert. ef. 6-1-88; OSU 1-1989(Temp), f. 2-9-89, cert. ef. 2-10-89; OSU 2-1989, f. & cert. ef. 5-30-89; OSU 11-1996, f. & cert. ef. 8-23-96

576-050-0035

Decision by the Committee and Appeal to the President

(1) The Committee's decision shall be made in the form of a written recommendation to the President. It shall be based only upon evidence presented at the hearing. The recommendation shall include a description of the complaint, the evidence the Committee collected, and its conclusions and recommendations for disposition of the case. The recommendations shall be sent to the grievant, to the President and to the dean, director or executive officer in charge of the unit out of which the grievance arose within sixty (60) days of receipt of the appeal to the Committee.

(2) The President or his or her designee shall review the decision of the Committee and the President shall deliver a written decision to the grievant, to the Grievance Committee and to the dean, director or executive officer in charge of the unit out of which the grievance arose within thirty (30) days of receipt of the Committee's recommendation. Prior to issuing a decision the President, or designee, may interview any person concerning the grievance to supplement the record whether or not the person testified at the hearing, provided that the decision shall list each person so interviewed. In addition the President or designee may review any documents, provided that the decision shall identify any such documents that were not introduced at the Committee hearing. The grievant shall be informed of any additional information obtained by the President and given seven (7) days to respond. If the President rejects or modifies the recommendations of the Committee, the reasons shall be stated in the decision.

(3) If the grievant chooses to appeal the decision of the dean, director, or unit executive officer directly to the President, the President shall proceed to review the matter and reach a decision as set out in section (2) of this rule, provided that all persons interviewed and all documents reviewed must be identified in the decision. The President shall issue a decision within thirty (30) days of receipt of the grievant's appeal.

(4) The decision of the President shall be final except as provided in 576-050-0035(5).

(5) If the grievance is directed at the President as the immediate supervisor of the grievant or at the President in his or her administrative capacity (as contrasted to appellate capacity), the grievant may appeal to the Chancellor of the Oregon University System as provided in 580-021-0050(10).

Hist.: OSU 1-1988, f. 5-16-88, cert. ef. 6-1-88; OSU 1-1989(Temp), f. 2-9-89, cert. ef. 2-10-89; OSU 2-1989, f. & cert. ef. 5-30-89; OSU 11-1996, f. & cert. ef. 8-23-96; OSU 8-2001(Temp), f. 9-27-01, cert. ef. 9-28-01 thur 3-27-02; OSU 4-2002, f. & cert. ef. 2-25-02

576-050-0045

Effect of Time Limits

If the University fails to respond within the time limits at any step in this grievance process, the grievant may appeal to the next step.

Hist.: OSU 1-1988, f. 5-16-88, cert. ef. 6-1-88

576-050-0050

Non Retaliation

An individual filing a grievance in good faith or otherwise participating in any of the actions authorized under these grievance rules shall not be subject to retaliatory action of any kind by any employee of the University, the Oregon University System, or the State Board of Higher Education.

Hist.: OSU 1-1988, f. 5-16-88, cert. ef. 6-1-88; OSU 8-2001(Temp), f. 9-27-01, cert. ef. 9-28-01 thur 3-27-02; OSU 4-2002, f. & cert. ef. 2-25-02

576-050-0055

Two-Year Review

Not later than two years from the adoption of these rules, the Provost and Faculty Senate Executive Committee shall jointly appoint a faculty committee to review the effectiveness of this grievance procedure and to recommend any changes.

Hist.: OSU 1-1988, f. 5-16-88, cert. ef. 6-1-88

576-055 CRIMINAL HISTORY CHECKS FOR EMPLOYMENT AND SERVICE

576-055-0000

Purpose and Applicability

(1) Oregon State University is committed to protecting the security, safety, and health of faculty, staff, students and others, as well as safeguarding the assets and resources of the University. To meet these objectives, the University may require a criminal history check as a condition prior to any applicant, employee, or volunteer providing services in a critical or security-sensitive position.

(2) A criminal history check may be required of a person currently serving as an employee or volunteer if he or she seeks appointment to position that is designated as a critical or security-sensitive position, or if 576-055-0160 applies.

(3) Criminal history checks for employment and services purposes are limited to position categories identified herein.

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-055-0010

Definitions

(1) “Criminal history check” means the review of any and all criminal records containing any information collected and stored in a state or county repository or the criminal records repository of the Federal Bureau of Investigation.

(2) “Conviction” means that a court of law has entered a final judgment on a verdict or finding of guilt, a plea of guilty, or a plea of nolo contendere (no contest).

(3) “Fingerprint-based criminal history check” means a criminal history check using a subject individual’s fingerprints for a critical or security-sensitive designated position as described in 576-055-0020(1)(a) through (g).

(4) “Non-fingerprint-based criminal history check” means a criminal history check using a subject individual’s personally identifiable information, excluding fingerprints, for a critical or security-sensitive designated position as described in 576-055-0020(a) through (h).

(5) “Subject individual” means a person currently serving as an employee or volunteer, or a person who seeks appointment as an employee or volunteer, to a position that is designated as critical or security-sensitive.

(6) “Youth Program" means an activity or event specifically directed to children 17 years of age or younger. Youth Programs include activities and events directed towards achieving goals of youth development, academic enrichment, recreation, or enrollment in postsecondary education. Such activities and events may be conducted on- or off-campus by University faculty, staff and approved volunteers.

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-055-0020

Critical or Security-Sensitive Designated Positions

The categories of critical or security-sensitive designated positions for which the University may conduct criminal history checks include those in which the person:

(1) Has direct access to persons under 18 years of age or to student residence facilities because the person’s work duties require the person to be present in the residence facility;

(2) Is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

(3) Has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations;

(4) Has access to property where hazardous materials and other items controlled by state or federal laws or regulations are located;

(5) Has access to laboratories, nuclear facilities or utility plants to which access is restricted in order to protect the health or safety of the public;

(6) Has fiscal, financial aid, payroll or purchasing responsibilities as one of the person’s primary responsibilities;

(7) Has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal background information; or

(8) Has access to or responsibility for the care, safety and security of animals.

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-055-0030

Designation of Critical and Security-Sensitive Positions

The Assistant Vice President for Human Resources will designate positions requiring a criminal history check using the criteria described in 576-055-0020 of this policy and in consultation with the hiring supervisor. The designation will be applied based on a position-by-position review of specific job duties and requirements.

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-055-0040

Notice to Subject Individuals

All solicitations, application forms, and announcements for positions designated as critical or security-sensitive will include a statement notifying potential applicants of the intent to request consent to conduct a criminal history check and the fact that such consent will be required for employment or service consideration.

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-055-0050

Criminal History Check Process

(1) Oregon State University may conduct, or request that the Oregon State Police conduct, a criminal records check, when:

(a) An individual meets the definition of "subject individual"; or

(b) A criminal records check is required by federal law or regulation, by state law or administrative rule, or by contract or written agreement.

(2) Oregon State University may require the subject individual to provide personally identifiable information such as names, current and former addresses, social security number, date of birth, a completed disclosure notice and authorization for background investigation form, and fingerprints.

(3) A fingerprint-based criminal history check may be necessary to verify identity of the subject individual and his or her criminal history; when a subject individual elects not to disclose his or her social security number; or when it may be necessary to obtain nationwide criminal records through the Federal Bureau of Investigation if the subject individual has lived outside the state of Oregon in the last seven (7) years. Except as specifically noted otherwise, fingerprint-based criminal history check results are subject to the same rules and procedures outlined for criminal history check results herein.

(4) A non-fingerprint-based criminal history check may be conducted for critical and security sensitive positions as identified in 576-055-0020(1)(a) through (h). A fingerprint-based criminal history check may be conducted only for critical and security sensitive positions as identified 576-055-0020(1)(a) through (g).

(5) A non-fingerprint-based criminal history check may be conducted every two years following date of hire, initial service date, or position assignment for an employee or volunteer providing service in a University-sponsored Youth Program or more frequently pursuant to 576-055-0160. A fingerprint-based criminal history check may be conducted in these follow-up checks if subsection (3) of this rule applies.

(6) The University may elect to waive the criminal history check requirement for a subject individual if, as a pre-requisite to providing service or participating in a program, the subject individual is required to submit to a criminal history check and meet a fitness determination as required and conducted by a state or federal agency. The Assistant Vice President for Human Resources is responsible for determining if the state or federal agency’s criminal history check meets the University’s requirement for critical or security-sensitive designated positions. If not, the subject individual may be subject to a criminal history check conducted by the University.

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-055-0060

Determination of Fitness to Hold Position Based on Criminal History Check

(1) A criminal history check is intended to verify that the subject individual does not have criminal convictions related to position responsibilities that would make the individual unfit to perform the responsibilities of the position.

(2) The Assistant Vice President for Human Resources will review the criminal history check information in determining the subject individual’s fitness to hold the position. The existence of a criminal history will not automatically preclude a subject individual from employment or service with the University. In making the fitness determination, the Assistant Vice President for Human Resources must consider the following:

(a) The nature of the crime;

(b) The facts that support the conviction or pending indictment that indicate the making of a false statement;

(c) The relevancy, if any, of the crime or the false statement to the specific requirements of the subject individual’s proposed employment or service position;

(d) Intervening circumstances relevant to the responsibilities or circumstances of the position including but not limited to: the passage of time since the commission of the crime, the age of the subject individual at the time of the crime, the likelihood of a repetition of offenses or of the commission of another crime, the subsequent commission of another relevant crime, whether the conviction was set aside and the legal effect of setting aside the conviction, a recommendation of an employer and a recommendation of a criminal justice system representative.

(3) Crimes relevant to determining the subject individual’s fitness:

(a) All felonies;

(b) All Class A misdemeanors;

(c) Class B misdemeanors of the following kind: unsworn falsification; disorderly conduct; harassment; telephonic harassment; carrying a concealed weapon; animal abuse; animal neglect; animal abandonment; distribution of a controlled substance to a minor; and falsifying drug test results;

(d) Any United States Military crime or international crime;

(e) Any crime of attempt, solicitation or conspiracy to commit a crime listed in this subsection (3) pursuant to ORS 161.405, 161.435, or 161.450; and

(f) Any crime based on criminal liability for conduct of another pursuant to ORS 161.155, when the underlying crime is listed in this subsection (3).

(4) The Assistant Vice President for Human Resources shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which a criminal records check indicates a subject individual may have committed a crime, as those laws are in effect at the time of the conviction.

(5) A determination of fitness is considered a minimum qualification of a critical or security-sensitive position. However, a positive determination of fitness on the basis of a criminal records check does not guarantee the subject individual a position as an employee or volunteer.

(6) A subject individual who misrepresents or provides misleading or false information, or withholds information as part of the criminal history check process, will be disqualified from further consideration. If misleading or false information is discovered after an individual has been appointed, the individual may be disciplined, up to and including termination of employment or service appointment, or rescinding of tenure appointment, pursuant to University policy and governing rules.

(7) An open criminal case may preclude a final candidate from eligibility for employment or service depending on the relevancy of the charge(s) to the job responsibilities. The Assistant Vice President for Human Resources is responsible for determining relevance in these situations.

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-055-0070

Refusal to Consent to Criminal History Check

Refusal to consent shall cause the University to deny the subject individual employment or service as a volunteer, and current employees who refuse to consent may be disciplined, up to and including termination consistent with other University rules, policies or collective bargaining agreements. A subject individual may not appeal a termination of candidacy due to refusal to consent to a criminal history check.

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-055-0080

Incomplete Fitness Determination

(1) The University will close a fitness determination as incomplete when:

(a) The person no longer meets the definition of a “subject individual”;

(b) The subject individual does not provide information or materials under 576-055-0050;

(c) The University cannot locate or contact the subject individual;

(d) The University determines that the individual is not eligible or qualified for employment or service for a reason unrelated to the fitness determination process; or

(e) The position is no longer open.

(2) A subject individual does not have the right to a hearing pursuant to 580-023-0146 to challenge the closing of an incomplete fitness determination.

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-055-0090

Offer of Employment or Service

Appointment of an applicant, current employee or volunteer to a position designated as critical or security-sensitive is contingent on the University’s determination of fitness based on the criminal history check. No subject individual for a critical or security-sensitive position will commence employment or service until the criminal history check process has been completed and a satisfactory determination of fitness to hold the position has been made unless an exception has been approved by the President, in consultation with the Assistant Vice President for Human Resources.

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-055-0100

Notice of Pre-Adverse Fitness Determination

Before making an adverse fitness determination, a subject individual will be provided notice by the University either by electronic or certified mail to the address provided by the subject individual. The notice will include a copy of the individual’s criminal history check report and a summary of his or her rights under the federal Fair Credit Reporting Act.

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-055-0110

Notice of Adverse Fitness Determination

A subject individual who has been determined not to be fit based at least in part on information contained in a criminal history check will be notified by certified mail to the most current address provided by the subject individual. The notification will provide information regarding the individual’s appeal rights and rights under the federal Fair Credit Reporting Act.

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-055-0120

Appeal Process for Fingerprint-Based Criminal History Check

(1) A subject individual may appeal an adverse fitness determination based on a fingerprint- based criminal history check.

(2) The appeal process for a subject individual who is not currently employed by the University will be conducted pursuant to the contested case process set forth in 580-023-0146.

(3) A subject individual who is currently employed by the University and who is determined not to be fit for a position on the basis of information obtained as the result of a fingerprint-based criminal records check may appeal the determination through the contested case process set forth in 580-023-0146 or applicable personnel rules, policies and collective bargaining provisions. An individual’s decision to appeal a determination through personnel rules, policies or collective bargaining provisions is an election of remedies as to the rights of the individual with respect to the fitness determination and is a waiver of the contested case process.

(4) The subject individual may not use the appeal process to challenge the accuracy, completeness or lawfulness of the information provided to the University by the Oregon State Police, the Federal Bureau of Investigation, agencies reporting to either of these organizations, or consumer reporting agency(s) engaged by the University for the purposes of providing background information. Such challenges are to be made to the reporting agencies themselves.

(5) The only remedy available to the subject individual under the appeal process is a determination that the applicant is fit. Under no circumstances will the University be required to place a subject individual in any position or be required to accept the individual’s services in any capacity.

(6) Appealing a fitness determination or challenging criminal offender information with the reporting agency will not cause delay or postponement of the University’s hiring process or decisions regarding employment or service to the institution.

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-055-0130

Appeal Process for Non-Fingerprint-Based Criminal History Check

(1) A subject individual who is currently employed by the University and who is determined not to be fit for a position on the basis of information obtained as the result of a non-fingerprint-based criminal records check may appeal the determination through applicable personnel rules, policies and collective bargaining provisions.

(2) A subject individual who is not currently employed by the University and who is determined not to be fit for a position on the basis of information obtained as the result of a non-fingerprint-based criminal records check may appeal the determination by writing a letter within fourteen (14) days to the Assistant Vice President for Human Resources stating the reasons for appeal.

(3) The subject individual may not use the appeal process to challenge the accuracy, completeness or lawfulness of the information provided to the University by the Oregon State Police, the Federal Bureau of Investigation, agencies reporting to either of these organizations, or consumer reporting agency(s) engaged by the University for the purposes of providing background information. Such challenges are to be made to the reporting agencies themselves.

(4) The only remedy available to the subject individual under the appeal process is a determination that the applicant is fit. Under no circumstances will the University be required to place a subject individual in any position or be required to accept the individual’s services in any capacity.

(5) Appealing a fitness determination or challenging criminal offender information with the reporting agency will not cause delay or postponement of the University’s hiring process or decisions regarding employment or service to the institution.

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-055-0140

Restricted Access to and Maintenance of Criminal History Records

(1) Access to information obtained in the criminal records check is restricted. The University restricts access to and dissemination of that information to only those University employees with a demonstrated and legitimate need to know the information. Criminal history record files will be maintained in the Office of Human Resources or the Department of Public Safety.

(2) Supervisors and other University employees will generally not be provided information regarding a subject individual’s criminal history check and will be informed only that the subject individual either has a satisfactory or unsatisfactory fitness determination. Criminal history information will only be disclosed to a hiring supervisor or other University employees where the Assistant Vice President for Human Resources believes that person has a demonstrated and legitimate need to know the information and he/she specifically approves the disclosure.

(3) Criminal history records will be retained in accordance with OAR 166-475-0095(17).

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-055-0150

Fees Associated with Conducting Criminal History Check

The University hiring or service department is responsible for fees associated with conducting a criminal history check.

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-055-0160

Required Employee and Volunteer Notification to the University of Convictions

(1) A criminal history check and determination of fitness will only be required of a current employee or volunteer in his or her position if required by the following: law; rule; regulation; ordinance; applicable court or agency legal or regulatory opinion; grant, as required in writing by a funding or regulatory entity; if necessary to confirm crimes taking place while the current employee is serving in a critical or security sensitive position pursuant to 576-055-0160(2) or (3) below; as permitted by 576-055-0050 to provide service in a University-sponsored Youth Program; or, as required by the assignment of new duties that causes the employee’s position to be designated as critical or security-sensitive. Fitness determinations and employment or volunteer service decisions based thereon will be made consistent with this Division and any other applicable University rules, policies or collective bargaining agreements.

(2) All employees and volunteers whose position descriptions have been designated as critical or security sensitive are required to notify the Assistant Vice President or Associate Director of the Office of Human Resources if they are convicted of a crime relevant to determination of fitness as identified in 576-055-0060 while serving in these positions. If the Assistant Vice President of Human Resources determines that the conviction is pertinent to the employee or volunteer’s fitness to carry out the duties or functions of his or her position, the University may require the employee or volunteer to consent to a criminal history check. The results of this check will be handled pursuant to the remaining sections of this Division and other applicable University rules and policies. If the University makes an adverse fitness determination, the employee or volunteer will be removed from the position where consistent with other University rules, policies or collective bargaining agreements.

(3) Failure to report relevant crimes and convictions pursuant to this Section may result in disciplinary action, up to and including termination. If the University receives a report of a relevant conviction that is disputed by the employee, the University may require a criminal history check to confirm the report. The Assistant Vice President for Human Resources, or his/her designee, will take all such matters under advisement with University General Counsel.

Hist.: OSU 1-2013, f. & cert. ef. 1-16-13

576-056 MOTOR VEHICLE HISTORY CHECK FOR EMPLOYMENT AND SERVICE

576-056-0000

Purpose and Applicability

(1) Oregon State University is committed to protecting the security, safety, and health of faculty, staff, students and others, as well as safeguarding the assets and resources of the University. To meet these objectives, the University may require a motor vehicle history records check as a condition prior to an employee or volunteer providing services in a position that requires operation of a motor vehicle as an essential function. All categories of unclassified employees, classified employees, graduate assistants, student employees, volunteers, and job applicants may be subject to this check if their position requires operation of a motor vehicle. Hiring practices associated with motor vehicle history checks are to be conducted in a manner that supports the University’s commitment to non-discrimination in hiring practices.

(2) A motor vehicle history check may be required of a person currently serving as an employee or volunteer if he or she seeks appointment to a position that requires operation of a motor vehicle as an essential function, or if 576-055-0130 applies.

Hist.: OSU 10-2012, f. 12-24-12, cert. ef. 1-1-13

576-056-0010

Definitions

(1) “Motor vehicle history check” is the review of any and all records containing any information collected and stored in a state or county repository as identified in 576-035-0020 or applicable state rules or laws if records are collected or stored outside the State of Oregon.

(2) “Subject individual” means a person from whom the University may require motor vehicle history records as a condition to provide service as an employee or volunteer. Subject individuals may include persons currently serving as an employee or volunteer, or persons who seek appointment as an employee or volunteer, to a position that is designated as requiring driving as an essential function of the position.

Hist.: OSU 10-2012, f. 12-24-12, cert. ef. 1-1-13

576-056-0020

Designation of Positions Requiring a Motor Vehicle History Check

The President or his/her designee will designate positions, in consultation with the hiring supervisor, that require driving as an essential function in the position description and, therefore, require a motor vehicle history check using the criteria described in 576-035-0020. The designation will be applied based on a review of specific motor vehicle-related job duties and requirements.

Hist.: OSU 10-2012, f. 12-24-12, cert. ef. 1-1-13

576-056-0030

Notice to Subject Individuals

All solicitations, application forms, and announcements for positions designated as requiring a motor vehicle records check will include a statement notifying potential applicants of the intent to request consent to conduct a motor vehicle history check and the fact that such consent will be required for employment or service consideration.

Hist.: OSU 10-2012, f. 12-24-12, cert. ef. 1-1-13

576-056-0040

Motor Vehicle History Check Process

(1) Oregon State University may request that an applicant, employee or volunteer provide a current motor vehicle history when:

(a) The individual meets the definition of “subject individual”; or

(b) Required by federal law or regulation, by state law or administrative rules, or by contract or written agreement.

(2) Oregon State University may require the subject individual to provide personally identifiable information such as names, current and former addresses, date of birth, and driver’s license number.

Hist.: OSU 10-2012, f. 12-24-12, cert. ef. 1-1-13

576-056-0050

Determination of Fitness to Hold Position Based on Motor Vehicle History Check

(1) A motor vehicle history check is intended to verify that the subject individual meets minimum driver requirements and voluntary and compulsory driver standards as identified in 576-035-0020 and has not forfeited bail or been convicted for any of the following, or reasonably similar, unacceptable driving violations, as certified by the motor vehicle history check. The listed periods begin at the later date of violation, forfeiture, or conviction.

(a) A major traffic offense in the last 24 months. This includes reckless driving, driving under the influence of intoxicants, failing to perform the duties of a driver, criminal driving while suspended or revoked, fleeing or attempting to elude a police officer, and others;

(b) Felony revocation of driving privileges or felony or misdemeanor driver license suspension within the last 24 months;

(c) More than three moving traffic violations in the last 12 months;

(d) A careless driving conviction in the last 12 months; or

(e) A Class A moving traffic infraction in the last 12 months.

(2) The President or his/her designee will review the motor vehicle history check information in determining if the subject individual is fit to hold the position.

(3) A determination of fitness is considered a minimum qualification of a position requiring a motor vehicle history check. However, a positive determination on the basis of a motor vehicle history check does not guarantee the individual a position as an employee or volunteer.

(4) A subject individual who misrepresents or provides misleading or false information, or withholds information as part of the motor vehicle history check process, will be disqualified from further consideration. If misleading or false information is discovered after an individual has been appointed, the individual may be disciplined, up to and including termination of employment or service appointment, or rescinding of tenure appointment, pursuant to University policy and governing rules.

(5) An open motor vehicle offense or charge may preclude a final candidate from eligibility for employment or service depending on the relevancy of the charges(s) to the job responsibilities. The President or his/her designee is responsible for determining relevance in these situations, in consultation with University General Counsel.

Hist.: OSU 10-2012, f. 12-24-12, cert. ef. 1-1-13

576-056-0060

Refusal to Consent to a Motor Vehicle History Check

Refusal to consent shall cause the University to deny the subject individual employment or service as a volunteer. A subject individual may not appeal a termination of candidacy due to refusal to consent to a motor vehicle history check.

Hist.: OSU 10-2012, f. 12-24-12, cert. ef. 1-1-13

576-056-0070

Incomplete Fitness Determination

The University will close a fitness determination as incomplete when:

(1) The person no longer meets the definition of a “subject individual”;

(2) The subject individual does not provide information or materials under 576-056-0050;

(3) The University cannot locate or contact the subject individual;

(4) The University determines that the individual is not eligible or qualified for the position of employee or volunteer for a reason unrelated to the fitness determination process; or

(5) The position is no longer open.

Hist.: OSU 10-2012, f. 12-24-12, cert. ef. 1-1-13

576-056-0080

Offer of Employment or Service

Appointment of an applicant, current employee or volunteer to a position requiring a motor vehicle records check is contingent on the University’s determination of fitness based on the motor vehicle history check. No subject individual for a position designated as requiring a motor vehicle history check may commence employment or service until the motor vehicle history check process has been completed and a satisfactory determination of fitness to hold the position has been made unless an exception has been approved by the President, in consultation with the University General Counsel and the Assistant Vice President for Human Resources.

Hist.: OSU 10-2012, f. 12-24-12, cert. ef. 1-1-13

576-056-0090

Notice of Adverse Fitness Determination

A subject individual who has been determined not to be fit based at least in part on information contained in a motor vehicle history check will be notified by the University either by electronic or certified mail to the address provided by the subject individual.

Hist.: OSU 10-2012, f. 12-24-12, cert. ef. 1-1-13

576-056-0100

Appeal Process for Motor Vehicle History Check

(1) A subject individual who is currently employed by the University and who is determined not to be fit for a position on the basis of information contained in the motor vehicle history records check report provided by the subject individual to the University may appeal the determination through applicable personnel rules, policies and collective bargaining provisions.

(2) A subject individual who is not currently employed by the University and who is determined not to be fit for a position on the basis of information obtained in the motor vehicle history records check report provided by the subject individual to the University may appeal the determination by writing a letter within five (5) days to the Assistant Vice President for Human Resources stating the reasons for appeal.

(3) The subject individual may not use the appeal process to challenge the accuracy, completeness or lawfulness of the information the subject individual provided to the University.

(4) The only remedy available to the subject individual under the appeal process is a determination that the applicant is fit. Under no circumstances will the University be required to place a subject individual in any position or be required to accept the individual’s services in any capacity.

(5) Appealing a fitness determination or challenging motor vehicle history information with the agency from which the subject individual obtained the report will not cause delay or postponement of the University’s hiring process or decisions regarding employment or service to the institution.

Hist.: OSU 10-2012, f. 12-24-12, cert. ef. 1-1-13

576-056-0110

Restricted Access to and Maintenance of Motor Vehicle History Check Records

(1) Access to information obtained in the motor vehicle records check process is restricted. The University restricts access to and dissemination of that information to only those persons with a demonstrated and legitimate need to know the information. Motor vehicle history record files will be maintained in the Office of Human Resources and the Department of Public Safety.

(2) Supervisors and other University employees will generally not be provided information regarding a subject individual’s motor vehicle history and will be informed that the subject individual either has a satisfactory or unsatisfactory fitness determination. Motor vehicle history information will only be disclosed to a hiring supervisor or other University employees where the President or his/her designee believes that employee has a demonstrated and legitimate need to know the information and specifically approves the disclosure.

(3) Motor vehicle history check records will be retained in accordance with OAR 166-475-0095(17).

Hist.: OSU 10-2012, f. 12-24-12, cert. ef. 1-1-13

576-056-0120

Fees Associated with Obtaining a Motor Vehicle History Check

The subject individual is responsible for fees associated with providing his or her motor vehicle history to the University.

Hist.: OSU 10-2012, f. 12-24-12, cert. ef. 1-1-13

576-056-0130

Required Employee and Volunteer Notification to the University

(1) A motor vehicle history check and determination of fitness will not be required of a current employee or volunteer in his or her unless required by law, rule, regulation, ordinance, binding legal opinion, or grant, or as required in writing by a funding or regulatory agency or as set forth in (2). Fitness determinations and employment or volunteer service decisions based thereon will be made consistent with this Division and any other applicable University rules, policies or collective bargaining agreements.

(2) All employees and volunteers whose position descriptions have been designated as requiring the operation of a motor vehicle as an essential function are required to notify the Director or Associate Director of the Office of Human Resources if they are convicted of a motor vehicle crime or offense as identified in OAR 125-155-200 while serving in the position. If the President or his/her designee determine that the conviction is pertinent to the employee or volunteer’s fitness to carry out the duties or functions of his or her position, the University may require the employee to consent to a motor vehicle history check. The results of this check will be handled pursuant to the remaining sections of this Division and other applicable University rules and policies. If the University makes an adverse fitness determination based on the check, the employee or volunteer will be removed from his or her position where consistent with other University rules, policies or collective bargaining agreements.

(3) Failure to report relevant crimes or offenses pursuant to this Section may result in disciplinary action, up to and including termination. The Director or Associate Director of Human Resources will take all such matters under advisement with University General Counsel.

Hist.: OSU 10-2012, f. 12-24-12, cert. ef. 1-1-13

576-060 ALCOHOLIC BEVERAGES

 

576-060-0010

Purpose

These rules govern the conditions under which alcoholic beverages may be consumed in areas other than housing units on the University campus. Rules concerning use of alcoholic beverages by students in University housing units and by recognized student organizations are subject to University policies and guidelines as well as Oregon laws and local ordinances. Information is available through the Student Conduct and Community Standards Office, Student Leadership and Involvement or at the Oregon State University Administrative Policies and Procedures website. The University cautions against the excessive use of alcoholic beverages, and in the matters referred to in these rules, expects all persons serving or consuming alcoholic beverages to adhere to all applicable laws and regulations, including the regulations of the Oregon Liquor Control Commission (“OLCC”).

Hist.: OSU 4-1988, f. 8-19-88, cert. ef. 9-1-88; OSU 4-1990, f. & cert. ef. 8-22-90; OSU 12-1996, f. & cert. ef. 8-23-96; OSU 4-1997, f. & cert. ef. 4-21-97; OSU 2-1998, f. & cert. ef. 6-12-98; OSU 7-2008, f. 6-27-08, cert. ef. 7-1-08; OSU 6-2011, f. & cert. ef. 6-13-11

576-060-0015

Definitions

(1) “Insured Licensed Vendor” means a business entity that holds an annual liquor license issued by the OLCC and that carries public liability and liquor liability insurance at limits satisfactory to the University Director of Business Services.

(2) “Corvallis campus” means property owned or controlled by the University within the city limits of Corvallis, Oregon, except for those properties in use as single family dwellings.

(3) “Stadium” means the University football stadium complex, including the football center and the indoor practice center, and the University baseball stadium complex, in designated areas only.

(4) “University campus” means property owned or controlled by the University, including but not limited to the Corvallis campus, agricultural experiment stations, research forests, the Cascades campus at Central Oregon Community College, and Extension offices, except for those properties in use as single family dwellings.

Hist.: OSU 4-1988, f. 8-19-88, cert. ef. 9-1-88; OSU 6-1992, f. & cert. ef. 7-24-92; OSU 2-1998, f. & cert. ef. 6-12-98; OSU 7-2008, f. 6-27-08, cert. ef. 7-1-08; OSU 6-2011, f. & cert. ef. 6-13-11

576-060-0020

Use of Alcoholic Beverages on the Corvallis campus in connection with Oregon State University varsity football games

Alcoholic beverages may be served and consumed as provided in this rule in parking areas on the Corvallis campus in conjunction with scheduled Oregon State University varsity football games.

(1) Individuals wishing to picnic (“tailgate”) prior to a varsity football game and serve non-bulk alcoholic beverages may do so only in parking areas other than those designated by signage as closed to tailgating. Food and non-alcoholic beverages must be available.

(2) No kegs or other bulk dispensing of alcoholic beverages are permitted in the parking areas without prior approval and registration in accordance with the process and requirements described in 576-060-0035. The Vice President for Finance and Administration may designate specific areas in the parking areas in which any approved kegs and bulk dispensing must be located.

(3) Alcoholic beverages provided from kegs or bulk dispensing at group or individually sponsored events may not be served after the close of half-time of the football games.

(4) Any person violating this policy may be subject to disciplinary action and to removal from the premises as provided in 576-060-0039.

Hist.: OSU 4-1988, f. 8-19-88, cert. ef. 9-1-88; OSU 4-1990, f. & cert. ef. 8-22-90; OSU 6-1992, f. & cert. ef. 7-24-92; OSU 12-1996, f. & cert. ef. 8-23-96; OSU 4-1997, f. & cert. ef. 4-21-97; OSU 7-2008, f. 6-27-08, cert. ef. 7-1-08; OSU 6-2011, f. & cert. ef. 6-13-11

576-060-0025

Use of Alcoholic Beverages at LaSells Stewart Center, CH2M Hill Alumni Center, the Memorial Union, Agricultural Experiment Stations, and Memorial Union East

Alcoholic beverages, limited to beer and wine, may be served at events at LaSells Stewart Center, CH2M Hill Alumni Center, Memorial Union, the Agricultural Experiment Stations, the Gallery and Forum in Memorial Union East, and the OSU-Cascades campus when prior approval is secured following the process and requirements described in 576-060-0035.

Hist.: OSU 4-1988, f. 8-19-88, cert. ef. 9-1-88; OSU 3-1989, f. & cert. ef. 5-30-89; OSU 4-1990, f. & cert. ef. 8-22-90; OSU 9-1991, f. & cert. ef. 7-25-91; OSU 6-1992, f. & cert. ef. 7-24-92; OSU 4-1997, f. & cert. ef. 4-21-97; OSU 7-2008, f. 6-27-08, cert. ef. 7-1-08; OSU 6-2011, f. & cert. ef. 6-13-11; OSU 6-2012, f. & cert. ef. 7-31-12

576-060-0031

Use of Alcoholic Beverages in the Stadium Complex

(1) Alcoholic beverages, limited to beer and wine, may be served and consumed at the Stadium if served with food and non-alcoholic beverages by the Insured Licensed Vendor that has an exclusive catering contract with the University for catering at the Stadium. The vendor shall provide, on a monthly basis, prior notice of events at which it will be serving alcoholic beverages to Business Services through the Office of Risk Management. Service by any provider other than the exclusive caterer under contract to the University requires prior approval following the process and requirements described in 576-060-0035

(2) Alcoholic beverages may be served in the Stadium skyboxes and suites only in connection with varsity football games. Food and non-alcoholic beverages must be provided. The individual skybox and suite user (aslisted in the use agreement) serving the alcoholic beverages must carry host liquor liability insurance coverage, or equivalent insurance coverage, with limits satisfactory to Business Services.

Hist.: OSU 7-2008, f. 6-27-08, cert. ef. 7-1-08; OSU 4-2009, f. 6-16-09, cert. ef. 7-1-09; OSU 6-2011, f. & cert. ef. 6-13-11

576-060-0035

Procedures and Requirements for Approval

(1) A request for approval to serve alcoholic beverages as required by these rules must be submitted to Business Services through the Office of Risk Management. A Licensed, Insured Vendor, approved by the University, must be named as the server. Food and non-alcoholic beverages must be provided in addition to the alcoholic beverages, which must be limited to beer and wine. Approval request forms are available through Business Services via the Office of Risk Management website. Approval request forms must be submitted at least three weeks prior to the event in order to assure adequate time for review by the designated date. The server or event co-sponsor must provide evidence of insurance meeting the minimum standards and guidelines of Business Services before the event will be approved. There must be an OLCC license for the event, if one is required under applicable law.

(2) Beer and wine may be served on the OSU-Cascades campus within guidelines established by the Vice-President for Finance and Administration.

Hist.: OSU 4-1988, f. 8-19-88, cert. ef. 9-1-88; OSU 3-1989, f. & cert. ef. 5-30-89; OSU 4-1990, f. & cert. ef. 8-22-90; OSU 9-1991, f. & cert. ef. 7-25-91; OSU 6-1992, f. & cert. ef. 7-24-92; OSU 12-1996, f. & cert. ef. 8-23-96; OSU 4-1997, f. & cert. ef. 4-21-97; OSU 2-1998, f. & cert. ef. 6-12-98; OSU 7-2008, f. 6-27-08, cert. ef. 7-1-08; OSU 6-2012, f. & cert. ef. 7-31-12

576-060-0037

Use at Additional Locations

The Vice President for Finance and Administration, or designee, may authorize service of alcoholic beverages, limited to beer and wine, at specific events at additional locations not otherwise authorized under these rules upon a determination that to do so would be consistent with the intent of these rules. A request for authorization to serve at another location must be submitted to the Vice President for Finance and Administration no later than three weeks prior to the date of the event.

Hist.: OSU 3-1989, f. & cert. ef. 5-30-89; OSU 4-1990, f. & cert. ef. 8-22-90; OSU 12-1996, f. & cert. ef. 8-23-96; OSU 4-1997, f. & cert. ef. 4-21-97; OSU 7-2008, f. 6-27-08, cert. ef. 7-1-08

576-060-0038

Prohibition

No person shall consume or carry an open container containing alcohol in any form or serve alcoholic beverages on campus except as provided in these rules and in University policies and guidelines. Information is available through the Student Conduct and Community Standards Office, Student Leadership and Involvement or at the Oregon State University Administrative Policies and Procedures website.

Hist.: OSU 4-1990, f. & cert. ef. 8-22-90; OSU 12-1996, f. & cert. ef. 8-23-96; OSU 4-1997, f. & cert. ef. 4-21-97; OSU 2-1998, f. & cert. ef. 6-12-98; OSU 7-2008, f. 6-27-08, cert. ef. 7-1-08; OSU 6-2011, f. & cert. ef. 6-13-11

576-060-0039

Enforcement

(1) Any person or entity violating these rules is subject to:

(a) Institutional disciplinary proceedings, if a student or employee;

(b) Forfeit of deposits or ticket costs;

(c) An order to leave the immediate premises or property owned or controlled by the University by a person in charge of University property.

(2) Persons failing to comply with an order by a person in charge to leave or to remain off the immediate premises or property owned or controlled by the University are subject to arrest for criminal trespass.

Hist.: OSU 4-1990, f. & cert. ef. 8-22-90; OSU 12-1996, f. & cert. ef. 8-23-96; OSU 4-1997, f. & cert. ef. 4-21-97; OSU 2-1998, f. & cert. ef. 6-12-98; OSU 7-2008, f. 6-27-08, cert. ef. 7-1-08

576-060-0040

Evaluation of Rules

This policy will be reviewed by the President or designee as needed.

Hist.: OSU 4-1988, f. 8-19-88, cert. ef. 9-1-88; OSU 3-1989, f. & cert. ef. 5-30-89; OSU 12-1996, f. & cert. ef. 8-23-96; OSU 7-2008, f. 6-27-08, cert. ef. 7-1-08

576-065 WEAPONS AND DESTRUCTIVE DEVICES

576-065-0000

Definitions

(1) "Weapon" means any knife having a blade that projects or swings into position by force of a spring, by centrifugal force or by gravity and is commonly known as a switchblade knife; any hunting or target bow, any crossbow; any dirk, dagger, slingshot, metal knuckles; or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person.

(2) "Destructive Device" means:

(a) A projectile containing an explosive or incendiary material or any other chemical substance; or

(b) A bomb, grenade, missile, or similar device or any launching device therefor.

(3) "University Sanctioned Use" means: R.O.T.C., OSU Pistol Club, OSU Rifle Club, or other uses approved by the Vice President for Finance and Administration.

Hist.: OSU 5-1992, f. & cert. ef. 6-5-92; OSU 4-1995, f. & cert. ef. 6-20-95; OSU 1-1999, f. & cert. ef. 2-25-99; OSU 1-2012(Temp), f. & cert. ef. 3-30-12 thru 6-30-12; OSU 2-2012, f. & cert. ef. 5-9-12

576-065-0010

Prohibitions and Regulations

(1) Possession, use, or threatened use of dangerous chemicals, weapons, or destructive devices, are not allowed on property owned or controlled by Oregon State University except as expressly authorized by law or authorized in this rule.

(2) Weapons or destructive devices may be used on campus owned or controlled property only in connection with a University sanctioned use. Use must be consistent with the regulations of the organization conducting the sanctioned use.

(3) This rule does not apply to University family housing units or University-owned single family dwellings.

Hist.: OSU 5-1992, f. & cert. ef. 6-5-92; OSU 4-1995, f. & cert. ef. 6-20-95; OSU 9-1998(Temp), f. & cert. ef. 10-2-98 thru 3-31-99; OSU 1-1999, f. & cert. ef. 2-25-99; OSU 3-2001, f. & cert. ef. 2-21-01; OSU 1-2012(Temp), f. & cert. ef. 3-30-12 thru 6-30-12; OSU 2-2012, f. & cert. ef. 5-9-12

576-065-0020

Sanctions

(1) Any person who violates this rule is subject to:

(a) Institutional disciplinary proceedings, if a student or employee;

(b) An order to leave the immediate premises or property owned or controlled by the University by a person in charge of University property.

(2) Persons failing to comply with an order by a person in charge to leave or to remain off the immediate premises or property owned or controlled by the University are subject to arrest for criminal trespass.

(3) The Vice President for Finance and Administration, the Director of Facilities Services, Vice Provost for Student Affairs, Coordinator of Student Conduct, Director of University Housing and Dining Services, Director of Conferences and Special Events, Director of the Memorial Union and Educational Activities, Manager of Security Services, and their designees are included among those "persons in charge" of University property for purposes of ORS 164.205(5) and this rule.

Hist.: OSU 5-1992, f. & cert. ef. 6-5-92; OSU 4-1995, f. & cert. ef. 6-20-95; OSU 1-1999, f. & cert. ef. 2-25-99

576-080 LOG EXPORT RULES

576-080-0005

Definitions

(1) "Export" means that unprocessed timber is loaded on a vessel or other conveyance with a foreign destination or is present at a facility such as a port or dock with intent to load it on a vessel or other conveyance with a foreign destination.

(2) "Performance Bond" means the security required by a log or timber purchase contract which ensures satisfactory performance of contract requirements by the purchaser. A performance bond may be in the form of a surety bond, cash, negotiable securities, irrevocable letter of credit, or an assignment of surety.

(3) "Person" means an individual, a partnership, a public or private corporation, an unincorporated association, or any other legal entity. The term includes any subsidiary subcontractor, parent company or other affiliate. Business entities are considered affiliates when one controls or has the power to control the other or when both are controlled directly or indirectly by a third person.

(4) "Private Lands" means lands within the State of Oregon owned by a person. The term does not include federal lands or non-federal public lands, or any lands the title to which is:

(a) Held in trust by the United States for the benefit of any Indian tribe or individual;

(b) Held by any Indian tribe or individual subject to a restriction by the United States against alienation; or

(c) Held by any Native Corporation as defined in Section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

(5) "Purchaser" means a person who has entered into a log or timber purchase contract with the University.

(6) "University Lands" means lands owned by the State of Oregon, acting by and through the State Board of Higher Education on behalf of Oregon State University, or any lands leased to or managed by the University.

(7) "University Logs or Timber" means any timber owned by the State of Oregon, acting by and through the State Board of Higher Education on behalf of Oregon State University, or any timber leased to or managed by the University.

(8) "University Log or Timber Purchase Contract" means any logs or timber under contract with the University which are owned by the State of Oregon, acting by and through the State Board of Higher Education on behalf of Oregon State University, or any logs or timber under contract with the University.

(9) "Unprocessed Logs or Timber" means trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use. The term does not include timber processed into any one of the following:

(a) Lumber or construction timbers, meeting current American Lumber Standards Grades or Pacific Lumber Inspection Bureau Export R or N list grades, sawn on four sides, not intended for remanufacture;

(b) Lumber, construction timbers, or cants for remanufacture, meeting current American Lumber Standards Grades or Pacific Lumber Inspection Bureau Export R or N list clear grades, sawn on four sides, not to exceed 12 inches (nominal) in thickness;

(c) Lumber, construction timbers, or cants for remanufacture, that do not meet the grades referred to in subsection (b) of this section and are sawn on four sides, with wane less tan 1/4 of any face, not exceeding 8-3/4 inches in thickness;

(d) Chips, pulp, or pulp products;

(e) Veneer or plywood;

(f) Poles, posts, or piling cut or treated with preservatives for use as such;

(g) Shakes or shingles;

(h) Pulpwood bolts, not exceeding 100 inches in length, exported for processing into pulp;

(i) Pulp logs or cull logs processed at domestic pulp mills, domestic chip plants, or other domestic operations for the purpose of conversion of the logs into chips;

(j) Firewood cut in pieces 48 inches or less in length.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Hist.: OSU 8-1991, f. & cert. ef. 6-4-91

576-080-0010

Criteria for Eligibility to Bid on University Log or Timber Purchase Contracts

(1) In addition to all other requirements of law, any person submitting a bid for the purchase of University logs or timber must certify, in a form and manner specified by the University that:

(a) The person will not export directly or indirectly unprocessed University logs or timber; and

(b) The person:

(A) Has not exported directly or indirectly unprocessed logs or timber originating from private lands in Oregon since September 10, 1990, except to meet contractual obligations made prior to September 10, 1990 and that those contractual obligations will be completed on or before September 1, 1991; or

(B) Has not unless exempted by section (2) of this rule, exported unprocessed timber from private lands in Oregon for a period not less than 24 months prior to the date of submission of the bid.

(c) The person will not sell, transfer, exchange or otherwise convey unprocessed University logs or timber to any other person without obtaining a certification from the person that meets the requirements of 576-080-0030.

(2) The University may waive the 24 month requirement contained in paragraph (1)(b)(B) of this rule if:

(a) Prior to September 1, 1991 the person certifies to the University they will cease exporting unprocessed timber originating from private lands in Oregon no later than one-year from the date of said certification; and

(b) They cease all exporting of unprocessed timber originating from private lands in Oregon within the one-year period stated in the certification; and

(c) If the person ceases exporting activities as stated in their certification, the person will then become eligible to submit a bid for the purchase of University logs or timber provided they complete the certification required by section (2) of this rule.

Hist.: OSU 8-1991, f. & cert. ef. 6-4-91

576-080-0015

Prohibition Against Indirect Substitution

In addition to all other require-ments of law, no person who is prohibited from purchasing timber directly from the University may purchase University logs or timber from any other person. Acquisitions of Western Red Cedar which are domestically processed into finished products to be sold into domestic or international markets are exempt from the prohibition contained in this rule.

Hist.: OSU 8-1991, f. & cert. ef. 6-4-91

576-080-0020

Applicable State Timber

All unprocessed logs or timber, as defined in 576-080-0005, which originate from University lands are prohibited from export.

Hist.: OSU 8-1991, f. & cert. ef. 6-4-91

576-080-0025

Surplus Timber

The prohibitions against export contained in 576-080-0005 to 576-080-0045 shall not apply to specific quantities of grades and species of unprocessed logs or timber originating from University lands which the United States Secretary of Agriculture or Interior has determined by rule to be surplus to the needs of timber manufacturing facilities in the United States.

Hist.: OSU 8-1991, f. & cert. ef. 6-4-91

576-080-0030

Reporting Requirements

(1) Before the University will issue final acceptance of logs or timber purchase contract requirements, a purchaser of University logs or timber must:

(a) Notify the University of the initial delivery destination of all logs or timber purchased under that contract. Notification will be made in a form and manner prescribed by the University;

(b) Prior to selling, trading, exchanging, or otherwise conveying University logs or timber to any other person, the purchaser of University logs or timber shall obtain a certification of the person's eligibility to purchase University logs or timber, and their intent to comply with the terms and conditions contained in this section. Certification will be made in a form and manner as prescribed by the University and shall be forwarded to the University upon completion of the transaction. Obtaining certification shall not relieve the purchaser's responsibility to provide the University with an accounting of the delivery destination of that timber.

(2) Any performance bond required by a University log or timber purchase contract may be retained by the University until satisfactory notification of University log or timber delivery destination has been received by the University.

(3) Failure to provide the Dean with a final accounting of the delivery destination of OSU logs will be considered a violation of these export regulations. Violators will be subject to the penalties contained in 576-080-0035.

Hist.: OSU 8-1991, f. & cert. ef. 6-4-91

576-080-0035

Purchaser Disqualification and Termination of Contracts

(1) The University shall keep a record of any person who violates the requirements of 576-080-0005 to 576-080-0040.

(2) A person whose name appears on the record for violations as stated in section (1) of this rule, and who again violates the requirements of 576-080-0005 to 576-080-0040 shall be disqualified from bidding on or purchasing University logs or timber for a period of five years following the date of the violation. Any appeals of disqualification shall be handled as provided in ORS 279 .045.

(3) The University may case operations on and/or terminate any University log or timber purchase contract entered into with a person who has violated the requirements of 576-080-0005 to 576-080-0040, and assess damages according to the following formula:

D = (OSV+AC) - (PR+RSV)

where:

(a) D = Damages and Expenses;

(b) OSV = Original Sale Value of logs or timber contained in the purchase. The original sale value shall be adjusted to reflect estimated overruns or underruns on recovery sales;

(c) AC = Administrative Costs. These costs include both the field and office costs required for the preparation of the defaulted logs or timber for resale. These costs also include rehabilitation or regeneration delay costs, legal service costs, interest, and other costs allowed by law;

(d) PR = Payments Received;

(e) RSV = Remaining Sale Value. The value of the remaining logs or timber shall be determined using the University's estimate of remaining volume, multiplied by the dollar values stated in the contract.

Hist.: OSU 8-1991, f. & cert. ef. 6-4-91

576-080-0040

Log Branding and Marking Requirements

(1) All University logs or timber originating from University log or timber sales shall be branded with an assigned and registered brand before removal from the sale area. Unless prevented by the size or condition of the wood, one end of all logs originating from University log or timber sales shall be hammer branded and painted with a paint type and color determined by the University.

(2) If properly marked University logs or timber are subdivided into smaller pieces for any other purpose than immediate processing, each piece must be branded with a brand specifically used for this purpose and signifying the unprocessed logs or timber are University logs or timber ineligible for export. The University's export restriction branding hammers can be obtained from the University, at cost, upon request.

Hist.: OSU 8-1991, f. & cert. ef. 6-4-91

576-080-0045

Enforcement

Any investigation of suspected violations of these rules and/or surveillance of unprocessed timber in transit and at port facilities may be conducted by the University, or contracted by the University to other state or federal agencies. Any alleged violations of the export prohibition provisions of this section will be referred by the University to the appropriate federal or state agency for prosecution or other legal action.

Hist.: OSU 8-1991, f. & cert. ef. 6-4-91

Former OUS OARs, now OSU Standards

DIVISION 1 - BOARD PROCEDURES

580-001-0000 Appearances Before the Board

580-001-0005 Procedural Rule for Changes and Additions to Administrative Rules

580-001-0020 Availability of Public Records

580-001-0030 Confidentiality and Inadmissibility of Mediation Communications

DIVISION 10 - ADMISSIONS REQUIREMENTS, RESIDENCE CLASSIFICATION, AND PAYMENT OF STUDENT FEES

Admission Requirements

580-010-0001 Standards for Admission

580-010-0003 Affirmative Action Goals: Enrollment

580-010-0005 Compulsory Pre-Entrance Physical Examination and Immunizations

Residence Classification

580-010-0029 Definitions

580-010-0030 Determination of Residence

580-010-0031 Residency Consideration Factors

581-010-0033 Evidence of Financial Dependency

580-010-0035 Residence Classification of Armed Forces Personnel

580-010-0037 Residence Classification of Members of Oregon Tribes

580-010-0040 Residence Classification of Aliens

580-010-0041 Changes in Residence Classification

580-010-0045 Review of Residence Classification Decisions by IRC

580-010-0047 Residents Under WICHE

Payment of Student Fees

580-010-0080 Payment of Nonresident Instruction Fee

580-010-0081 Waiver of Nonresident Instruction Fee

580-010-0083 Scholarships Funded by Sports Lottery Revenue

580-010-0085 Student Exchanges

580-010-0086 Enrollment of Spouse and Dependent Children

580-010-0089 Student Involvement in Development of Proposed Resident Undergraduate Tuition Rates

580-010-0090 Incidental Fee Guidelines and Procedures

Building Fee Project Process

580-010-0100 Student Planning and Construction Committee

580-010-0110 Incidental Fee Committee Review and Recommendation

580-010-0120 Recommendations of Appropriate Student Government Official(s)

580-010-0130 Agreement between Student Government and Institution President

580-010-0140 Capital Construction Budget Recommendations of Vice Chancellor For Finance and Administration

DIVISION 11 - STUDENT CENTERS, HEALTH SERVICES, HOUSING, FOOD SERVICE, AND RECREATIONAL AND INTER-COLLEGIATE ATHLETIC FACILITIES

Student Health Services

580-011-0005 Student Health Services

Housing

580-011-0015 Purposes of Student Housing

580-011-0020 Self-Supporting Concept for Student Housing

580-011-0021 Campus Housing Advisory Committees

580-011-0030 Rates of Charge for Student Housing

580-011-0035 Institutionally-Controlled Cooperative Housing

580-011-0040 Fraternities, Sororities, and Cooperatives

580-011-0045 Charging of Administrative and Physical Plant Costs to Auxiliary Enterprises

DIVISION 12 - PROHIBITED CONDUCT RELATING TO STUDENTS

580-012-0010 Proscribed Conduct

DIVISION 13 - STUDENT RECORDS

580-013-0005 Institutional Regulations

580-013-0010 Definitions

580-013-0015 Purpose of Student Records

580-013-0020 Certain Information Not Required to be Provided by Students

580-013-0025 Locations and Custody of Student Records

580-013-0030 Release of and Access to Student Records

580-013-0035 Confidential Records -- Restrictions on Release

580-013-0036 Transfer of Education Records

580-013-0040 Petition by Student for Change in Personal Record

580-013-0045 Availability of Student Records for Research Purposes

580-013-0050 Permanence, Duplication, and Disposal of Student Records

DIVISION 15 - DISCRIMINATION

580-015-0005 Assistance to Organizations

580-015-0010 Definition of Discrimination

580-015-0015 Discrimination Prohibited in All Higher Education Programs, Services and Interschool Activities

580-015-0020 Appointment of Compliance Officer

580-015-0025 Admissions

580-015-0030 Recruitment

580-015-0035 Educational Programs and Activities

580-015-0040 Access to Course Offerings

580-015-0045 Counseling and Use of Appraisal and Counseling Materials

580-015-0050 Housing

580-015-0055 Comparable Facilities

580-015-0060 Financial Assistance

580-015-0065 Employment Assistance to Students

580-015-0070 Health and Insurance Benefits and Services

580-015-0075 Marital or Parental Status

580-015-0080 Athletics

580-015-0085 Textbooks and Curricular Materials

580-015-0090 Procedure for Reporting Discrimination

580-015-0095 Exemption from Reprimand or Retaliatory Action

580-015-0100 Investigation of Complaints

580-015-0105 Appeal to the Chancellor

580-015-0110 Appointment of Hearing Officer

580-015-0115 Notice of Hearing: Time and Place

580-015-0120 Written Statement of Case

580-015-0125 Open Hearings

580-015-0130 Conduct of Hearing

580-015-0135 Presentation of Evidence

580-015-0140 Position Summaries

580-015-0145 Findings and Recommendations

580-015-0150 Order by Chancellor

580-015-0155 Sanctions Against Institution or Other Division

580-015-0160 Requirement of Prompt Attention to Complaints

580-015-0165 Students Unable Because of Religious Beliefs to Attend Classes on Certain Days

DIVISION 19 - STANDARDS FOR STUDENT AND EMPLOYEE PROGRAMS

580-019-0001 Minimum Standards for Institutional Drug and Alcohol Treatment Programs

DIVISION 20 - ACADEMIC CLASSIFICATION AND COMPENSATION

Classification

580-020-0005   Academic Rank

580-020-0006    Definition of Unclassified Service

Compensation

580-020-0010   Compensation Plan for Academic Staff

580-020-0015   Compensation Plan for Classified Staff

580-020-0025   Additional Pay to Full-Time Staff

580-020-0030   Perquisites

580-020-0040   Contribution to Pension Plan

580-020-0050   OSSHE Tax Deferred Investment Program Participation Fee

580-020-0100   Human Resources System

DIVISION 21 - CONDITIONS OF SERVICE

580-021-0005   Appointment Procedures

580-021-0006   Affirmative Action Goals: Employment

580-021-0010   Consultative Procedures

580-021-0015   Terms of Service of Faculty

580-021-0020   Working Hours

580-021-0025   Outside Employment and Activities; Conflict of Interest

580-021-0026 Participation in a Voluntary FTE Reduction Program

580-021-0028   Fellowship Leave

580-021-0029 Career Development Leave

580-021-0030   Vacations

580-021-0035   Absence Due to Illness

580-021-0040   Sick Leave Plan for Academic Personnel

580-021-0041   Transfer of Accumulated, Unused Sick Leave

580-021-0044   Use of Employees' Social Security Numbers

580-021-0045   Conditions of Employment on Gift, Grant and Contract Funds

580-021-0050   Grievance Procedures

580-021-0055   Appeal of Grievance Decisions

Tenure and Promotion

580-021-0100   Kinds of Appointments

580-021-0105   Eligibility for Indefinite Tenure

580-021-0110   Initial Appointment and Probationary Service for Faculty on Tenure-Related Appointments

580-021-0115   Consecutive Annual Appointments

580-021-0120   Seventh Annual Appointment

580-021-0125   Appointment of Regular Part-Time Faculty Beyond the FTE Equivalent of the Sixth Consecutive Year

580-021-0130   Exceptions

580-021-0135   Criteria for Faculty Evaluation

580-021-0140   Post-Tenure Review

Sabbatical Leave

580-021-0200   Purposes of Sabbatical Leave

580-021-0205   Eligibility for Sabbatical Leave

580-021-0210   Approval and Revisions of Sabbatical Leave Agreements

580-021-0215   Sabbatical Leave Reports

580-021-0220   Obligation to Return

580-021-0225   Length of Leave for Academic-Year Staff

580-021-0230   Length of Leave for Fiscal-Year Staff

580-021-0235   Cost of Sabbatical Leaves

580-021-0240   Supplementing of Sabbatical Incomes

580-021-0245   Policy Regarding Sabbatical Leave

Resignations and Terminations

580-021-0300   Resignations

580-021-0305   Timely Notice

580-021-0310   Terminations

580-021-0315   Termination Not for Cause

580-021-0318   Other Personnel Actions Not for Cause

580-021-0320   Termination and Other Sanctions for Cause

580-021-0325   Definition of Cause

580-021-0330   Initiation of Formal Proceedings

580-021-0335   Temporary Suspension of Academic Staff Member

580-021-0340   Academic Staff Member's Request for a Formal Hearing

580-021-0345   Hearing Committee

580-021-0350   Conduct of Hearing

580-021-0355   Committee's Report

580-021-0360   Action by the President

580-021-0365   Date of Termination

580-021-0370   Review by the Board

580-021-0375   Board's Initiative in Bringing Investigation or Charges

580-021-0380   No Reprisals

580-021-0385   Personnel Record

580-021-0400   Construction

580-021-0405   Notice of Hearing

580-021-0410   Subpoenas

580-021-0415   Assignment to Hear Proceeding

580-021-0420   Disqualification

580-021-0425   Powers of Hearing Officers

580-021-0430   Who May Appear

580-021-0435   Standard of Conduct

580-021-0440   Hearing Recorder

580-021-0445   Transcript of Testimony

580-021-0450   Continuances and Postponements

580-021-0455   Evidence

580-021-0460   Informal Disposition

580-021-0465   Record

580-021-0470   Decision

DIVISION 22 - ACADEMIC FREEDOM

580-022-0005 Academic Freedom

Political Activities

580-022-0010 Public Activities

580-022-0015 Candidates for Public Office

580-022-0020 Relationships with State Government

Holidays and Miscellaneous Privileges

580-022-0025 Academic Staff Holidays

580-022-0030 Staff Fee Privileges

580-022-0031 Transfer of Staff Fee Privileges

580-022-0035 Physical Education Privileges

580-022-0040 Student Health Services

Proscribed Conduct

580-022-0045 Proscribed Conduct

580-022-0047 Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Employment Discrimination

580-022-0050 Discrimination Based on Race, Color, Religion, National Origin, Disability, Age, Marital Status, Sex, or Sexual Orientation

Employment of More than One Member of a Household

580-022-0055 Employment of More Than One Member of a Household

Board Rules Governing Institutional Rules Relating to Faculty Records

580-022-0060 Institutional Rules

580-022-0065 Definitions

580-022-0070 Limitation on Records to Be Maintained

580-022-0075 Confidential Information Relating to Employed Faculty Not to Be Sought Nor Accepted

580-022-0080 Certain Information Not Required to Be Given by Faculty Members

580-022-0085 Locations and Custody of Faculty Records

580-022-0090 Release of and Access to Faculty Records

580-022-0095 Confidential Records -- Restrictions on Release

580-022-0100 Access to Files by Faculty Members

580-022-0105 Entry into File of Comments, Explanations, and Rebuttals

580-022-0110 Retention of Evaluative Materials Concerning Candidates for Possible Employment

580-022-0115 Availability to Faculty Members of Objective Information Concerning Categories of Staff

580-022-0120 Availability of Faculty Records for Research Purposes

580-022-0125 Permanence, Duplication, and Disposal of Faculty Records

DIVISION 23 - CRIMINAL BACKGROUND CHECKS

580-023-0106 Purpose

580-023-0111 Definitions

580-023-0116 Criminal Records Check Process

580-023-0121 Criminal Records Check Notice to Applicants

580-023-0126 Confidentiality of Criminal Records Checks

580-023-0131 Refusal to Consent to Criminal Records Check and Incomplete Fitness Determination

580-023-0136 Fitness to Hold Position Based on Criminal Records Check

580-023-0141 Notice of Adverse Fitness Determination Based on Criminal Records Check

580-023-0146 Challenging a Fitness Determination

580-023-0151 Fees

DIVISION 31 - LIBRARIES

580-031-0005 Coordinated System of Libraries

DIVISION 40 - BOARD'S FINANCIAL POWERS

580-040-0005 Delegation and Assignment of Responsibility

580-040-0007 Retainage Processing Charges

580-040-0010 Institutional Authority to Establish Fees and Charges

580-040-0025 Traffic Regulations, Parking Fees, and Enforcement Fines

580-040-0030 Vehicle Safety Rule

580-040-0040 Oregon University System Annual Fee Book

580-040-0041 Revolving Charge Accounts Policy

Surplus Property Disposal

580-040-0300 Purpose

580-040-0301 Definitions

580-040-0302 General

580-040-0303 Delegations

580-040-0304 Environmental Standards

580-040-0305 Maintenance of Proper Inventory Records and Justification of Sale or Disposal

580-040-0306 Disposition of Federally Funded Surplus Property

580-040-0307 Disposition of Property Acquired by Gift

580-040-0308 Exchange or Trade-in Option

580-040-0309 Transfer of Property to a Collaborating Government or Non-Profit Institution

580-040-0310 Method of Disposal; Eligibility to Acquire

580-040-0311 Disposal of Computer and Other Electronic Storage Devices and Media

DIVISION 41 - ACCOUNTING POLICIES

580-041-0010 Receivables

DIVISION 42 - GIFT, GRANT, AND CONTRACT MANAGEMENT

580-042-0005 General Authority

580-042-0010 Delegation

580-042-0015 Institutional Responsibility

DIVISION 43 - POLICIES RELATING TO INVENTIONS, LICENSE AGREEMENTS, EDUCATIONAL AND PROFESSIONAL MATERIALS DEVELOPMENT, PATENTS, AND COPYRIGHTS

580-043-0006 Policy

580-043-0007 Objectives of Policies

580-043-0011 Employee Responsibilities and Rights

580-043-0016 Institutional Responsibilities

580-043-0026 Office of Finance and Administration Responsibilities

University Venture Development Funds

580-043-0060 Purpose; Definitions

580-043-0065 Establishment of a Venture Development Fund by an Institution

580-043-0070 Allocation of Authority to Institutions to Raise Funds and Issue Tax Credits

580-043-0075 Redistribution of Authority to Raise Funds and Issue Tax Credits

580-043-0080 Eligibility to Receive Grants

580-043-0085 Issuance of Tax Credit Certificates

580-043-0090 Tax Credit Certificate and Grant Record-Keeping and Reporting

580-043-0095 Recoupment of Tax Credits

DIVISION 46 - INSTITUTION FOUNDATIONS

580-046-0005 Recognition of a Foundation

580-046-0010 Privileges and Responsibilities of Recognition

580-046-0020 Institution Foundation Organization, Affiliates, Relationships

580-046-0025 Foundation Independence from Institution

580-046-0030 President's Responsibilities, Additional Rules

580-046-0035 Foundation and Institution Operational Procedures, Gifts, Accounts, Institution Support, Contracts

580-046-0040 Foundation Activities

580-046-0045 Revocation of Recognition

DIVISION 55 - OUS INFORMATION SECURITY POLICIES

580-055-0000 Executive Summary

580-055-0010 Purpose

580-055-0020 Goals

580-055-0030 Authority and Scope

580-055-0040 Roles and Responsibilities

580-055-0050 Institutional Policy Requirements

580-055-0060 Policy Review Process

580-055-0070 Audit

580-055-0080 Glossary

DIVISION 60 - REAL PROPERTY, FACILITY, AND CAMPUS PLANNING

580-060-0000 Authority

580-060-0005 Definitions

580-060-0010 Comprehensive Plan Coordination

580-060-0015 Records

580-060-0020 Purchase of Real Property

580-060-0025 Gifts of Real Property

580-060-0030 Condemnation

580-060-0035 Sale of Real Property

580-060-0040 Easements

580-060-0045 Use of Board Property

580-060-0050 Leases

580-060-0055 Naming Buildings

DIVISION 61 - OUS PROCUREMENT AND CONTRACTING CODE

580-061-0000 Code of Ethics

580-061-0005 Applicable Model Public Contract Rules

580-061-0010 Definitions

580-061-0015 Purchasing and Contract Records

580-061-0020 Designation of Contract Officers

580-061-0025 Policy Governing the Acquisition of Goods and Services available from Qualified Rehabilitation Facilities

580-061-0030 Affirmative Action; General Policy

580-061-0035 Emerging Small Business Program

580-061-0040 Sexual Harassment Policy

580-061-0045 Insurance or Bond Requirements

580-061-0050 Interest on Overdue Charges

580-061-0055 Invitation to Bid Required Provision

580-061-0060 Basis for Awarding Contracts

580-061-0065 Contract Amendments (Including Change Orders and Extra Work) and Expired Contracts

580-061-0070 Solicitation Responses are Offers

580-061-0075 Facsimile and Electronic Solicitation Responses

580-061-0080 Solicitation Response Submissions

580-061-0085 Pre-Solicitation Response Conferences

580-061-0090 Offer Security

580-061-0095 Addenda to Solicitation Document

580-061-0100 Clarification of ITBs and RFPs and Requests for Change

580-061-0105 Pre-Closing Modifications or Withdrawal of Bids or Proposals

580-061-0110 Formal Procurement Receipt, Opening, and Recording of Bids and Proposals

580-061-0115 Late Bids and Proposals, Late Withdrawals, and Late Modifications

580-061-0120 Mistakes

580-061-0125 Low Tie Bids

580-061-0130 Rejection of Individual Solicitation Responses and Offerors

580-061-0135 Rejection of All Solicitation Responses

580-061-0140 Disposition of Solicitation Responses if Solicitation Cancelled

580-061-0145 Protest of Contractor Selection, Contract Award, and Protest of Solicitation Document

580-061-0150 Right to Inspect Plant

580-061-0155 Invitation to Bid and Request Proposal Negotiations

580-061-0160 Disqualification from Consideration for Award of Contracts

DIVISION 62  - PURCHASING AND CONTRACTS FOR PERSONAL OR PROFESSIONAL
SERVICES AND GOODS AND SERVICES

580-062-0000 Definitions

580-062-0005 Procurement and Contracting Procedures

580-062-0010 Procurement Card

580-062-0015 Personal/Professional Services, Goods, and Services Contract Procurement Thresholds

580-062-0020 Methods of Procurement

DIVISION 63 - CAPITAL CONSTRUCTION AND CONTRACTING

580-063-0000 Authority

580-063-0005 Authorization to Undertake Capital Construction Projects

580-063-0010 Definitions

580-063-0015 Procurement and Contracting Procedures

580-063-0020 Methods of Procurement

580-063-0025 Contracts for Professional Consultants

580-063-0030 Contracts for Construction Services

580-063-0035 Oregon's Percent for Art

580-063-0040 Design Standards

580-063-0045 Retainage Processing Charges

 

 

DIVISION 1 BOARD PROCEDURES

DIVISION 1

BOARD PROCEDURES

580-001-0000

Appearances Before the Board

Individuals and representatives of organizations desiring to appear before the Board to present any matter concerning higher education may do so, consistent with procedures established by the Board in its Bylaws.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 13-1981, f. & cert. ef. 11-20-81; OSSHE 6-1998(Temp), f. & cert. ef. 10-21-98 thru 2-28-99; OSSHE 8-1998, f. & cert. ef. 12-23-98

580-001-0005

Procedural Rule for Changes and Additions to Administrative Rules

(1) Prior to adoption, amendment or repeal of any rule, except a temporary rule, when the Board does not plan to hold a public hearing, it shall give notice as specified in section (4) of this rule. The notice shall designate the person to whom a request for public hearing must be submitted. The notice shall be published:

(a) In the Oregon Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date;

(b) By mailing a copy of the notice to persons on the Board mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date; and

(c) By mailing a copy of the notice to the presidents of the institutions within OSSHE, Interinstitutional Faculty Senate, State System student newspapers, members of the media who requested in writing such notice and other interested parties who requested in writing such notice.

(2) If the Board receives a request for a public hearing under ORS 183.335(3)(a), the Board shall publish a notice of hearing at least 14 days before the hearing in the Oregon Bulletin and give at least 21 days' notice of the hearing by mailing a copy of the notice to the requester and to the persons set forth in subsections (1)(b) and (c) of this rule.

(3) When the Board intends to hold a public hearing on the proposed adoption, amendment or repeal, it shall give notice as specified in section (4) of this rule, along with a statement that the Board will conduct the hearing. The notice shall be published:

(a) In the Oregon Bulletin 21 days prior to the effective date;

(b) By mailing a copy of the notice to the persons set forth in subsection (1)(b) of this rule at least 28 days before the effective date; and

(c) By mailing a copy of the notice to the presidents of the institutions within OSSHE, Interinstitutional Faculty Senate, State System student newspapers, members of the media who requested in writing such notice and other interested parties who requested in writing such notice.

(4)(a) The notice required by sections (1), (2) and (3) of this rule shall state the subject matter and purpose of the intended action in sufficient detail to inform a person that the person's interests may be affected, and the time, place and manner in which interested persons may present their views on the intended action.

(b) The Board shall include with the notice of intended action given under sections (1), (2), and (3) of this rule:

(A) A citation to the authority relied upon and bearing upon the promulgation of the rule;

(B) A citation of the statute or other law the rule is intended to implement;

(C) A statement of the need for the rule and a statement of how the rule is intended to meet the need;

(D) A list of the principal documents, reports or studies, if any, prepared by or relied upon by the Board in considering the need for and in preparing the rule and a statement of the location at which those documents are available for public inspection;

(E) A statement of fiscal impact identifying state agencies, units of local government and the public that may be economically affected by the adoption, amendment or repeal of the rule and an estimate of that economic impact on state agencies, units of local government and the public. In considering the economic effect of the proposed action on the public, the Department shall utilize available information to project any significant economic effect of that action on businesses, which shall include a cost of compliance effect on small businesses affected.

(F) If an advisory committee is not appointed under the provisions of ORS 183.025(2), an explanation as to why no advisory committee was used to assist the Board in drafting the rule; and

(G) A designation of the person who may be contacted to:

(i) Obtain a copy of the proposed rule, which shall show all changes by bracketing materials to be deleted and showing all new material in boldface type;

(ii) Obtain further information; or

(iii) Make submissions or requests.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 7-1985, f. & cert. ef. 10-28-85; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 8-1994, f. & cert. ef. 10-12-94; HEB 5-1996, f. & cert. ef. 12-18-96

580-001-0020

Availability of Public Records

Members of the public may review all Board documents that are public records other than those records that need not be disclosed under law. These documents are on file in the Board's office during regular working hours. Copies of public records are available to the public upon request. Charges will be made, payable in advance or when the materials are received.

(1) Copies of documents: $.25 per page.

(2) Documents and other materials such as computer tapes, microfilm and microfiche copies, audio tape cassettes, computer services, etc., shall be provided at a fee reasonably calculated to reimburse the Board for actual costs incurred in making records available to the public.

(3) This rule shall apply also to Board institutions or other divisions or parts of OSSHE and the Department of Higher Education where there are no other rules establishing fees for providing public records.

Hist.: HEB 3-1980, f. & cert. ef. 4-18-80; HEB 7-1985, f. & cert. ef. 10-28-85; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 7-1993, f. & cert. ef. 10-29-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-001-0030

Confidentiality and Inadmissibility of Mediation Communications

(1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from the disclosure under the Public Records Law to the extent provided in 192.410 to 192.505.

(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the "mediator" in a matter in which the agency also is a party as defined in ORS 36.234.

(4) To the extent mediation communications would otherwise compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Mediations Excluded. Sections (6)-(10) of this rule do not apply to:

(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency's employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or

(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters;

(c) Mediation in which the only parties are public bodies;

(d) Mediation involving two or more public bodies and a private party if the laws, rule or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential;

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation.

(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c) – (d), (j) – (l) or (o) – (p) of section (9) of this rule.

(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8) – (9) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.

(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an unauthorized agency representative must also sign the agreement. The parties' agreement to participate in a confidential mediation must be in substantially the following form. This form may be used separately or incorporated into an "agreement to mediate." [Form not included. See ED. NOTE.]

(9) Exceptions to confidentiality and inadmissibility.

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4) and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.

(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(f) A party to the mediation may disclose confidential mediation communications to a person if the party's communication with that person is privileged under ORS chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation.

(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:

(A) A request for mediation; or

(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of the mediation; or

(C) A final offer submitted by the parties to the mediator pursuant to ORS 243.712; or

(D) A strike notice submitted to the Employment Relations Board.

(l) To the extent a mediation communication contains information on the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:

(A) Attorney-client privileged communications so long as they have been disclosed to no one other that the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege; or

(B) Attorney work product prepared in anticipation of litigation or for trial; or

(C) Prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency; or

(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation; or

(E) Settlement concepts or proposals, shared with the mediator or other parties.

(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the Chancellor, University President or their designees determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public's health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under 30.402 or state or federal law requires the terms to be confidential.

(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).

(10) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

[ED. NOTE: The Form(s) referenced in this rule is not printed in this Compilation. Copies are available from OSU.]

Hist.: OSSHE 4-2000(Temp), f. & cert. ef. 12-21-00 thru 6-15-01; OSSHE 1-2001, f. & cert. ef. 4-27-01

DIVISION 10 ADMISSION REQUIREMENTS, RESIDENCE CLASSIFICATION, AND PAYMENT OF STUDENT FEES

Admission Requirements

580-010-0001

Standards for Admission

(1) The Board sets standards for admission to freshman and advanced undergraduate standing at the institutions. Standards may include but need not be limited to high school graduation, subject requirements, prior college-level coursework, standardized test scores and grades.

(2) Standards may vary by institution and residency classification.

(3) The Board may establish alternatives and exceptions to the standards.

(4) The Board may delegate authority to the institutions to establish enrollment limitations and to set higher and additional standards for admission to academic courses and programs.

(5) The Board shall periodically review admission standards and provide at least one year's notice of any change in standards used in determining admissibility.

Hist.: HEB 4-1985, f. & cert. ef. 7-30-85; HEB 5-1996, f. & cert. ef. 12-18-96

580-010-0003

Affirmative Action Goals: Enrollment

(1) Each institution president shall establish affirmative action goals and procedures for the purpose of increasing the proportion of minorities and women enrolled in programs where minorities or women are underrepresented. Institutions shall be sensitive to the need for effective support for such students.

(2) For purposes of this rule, "minority" refers to Black African Americans, Hispanic Americans, Asian/Pacific-Island Americans and American Indians/Alaskan Natives.

(3) The goals and procedures established under this rule shall be reviewed by the institution president for adequacy and effectiveness at the end of each biennium and modified accordingly. A report of this biennial review shall be submitted to the Chancellor.

Hist.: HEB 7-1986, f. & cert. ef. 3-19-86; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-010-0005

Compulsory Pre-Entrance Physical Examination and Immunizations

(1) For the protection of the public health and benefit of the student, the Board requires a physical examination of all students or, at the discretion of the institution, a completed health history questionnaire on a form supplied by the institution, as a condition of enrollment in institutions under Board control.

(2) A report from a private physician may be required in certain instances by institutions using the health history questionnaire. Cases justifying use of a private physician's report include students participating in varsity athletics and students requiring clearance for participation in physical education.

(3) All students must present appropriate proof of immunizations and tests required by policies established by institutional presidents. These requirements shall be set forth in institution catalogs. Institutions shall notify the Board whenever these requirements change.

(4) Students declining immunization on medical grounds may be enrolled, but students declining immunization on the basis of religious conviction may be enrolled only if:

(a) They provide a statement from their church or religious organization attesting to their membership and to the fact that immunization is contrary to the religious beliefs of the church or religious organization to which they belong;

(b) They, and in the case of minor or dependent students, their parents or guardians with them, agree in writing to assume all expenses in connection with their care and isolation should they acquire, while students at the institution, a disease for which immunization is required of other students.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 4-1985, f. & cert. ef. 7-30-85; HEB 5-1990, f. & cert. ef. 6-4-90; HEB 5-1996, f. & cert. ef. 12-18-96

Residence Classification

580-010-0029

Definitions

For the purpose of 580-010-0030 through 580-010-0045, the following words and phrases mean:

(1) "Domicile" is a person's true, fixed, and permanent home and place of habitation. It is the place where a person intends to remain and to which the person expects to return when the person leaves without intending to establish a new domicile elsewhere. In order to establish a domicile in Oregon, a person must maintain a predominant physical presence in Oregon for 12 consecutive months after moving to the state.

(2) A "financially independent person" is a person who, at the time of application for residency status: (a) declares himself or herself to be financially independent; (b) has not been claimed as a dependent during the immediately preceding tax year, and will not be claimed as a dependent during the current tax year, on the federal or state income tax returns of any other person; and (c) has not received in the immediately preceding calendar year, and will not receive during the current calendar year, one-half or more of his or her support, in cash or in kind, from another person or persons, except for support received from his or her spouse.

(3) A "financially dependent person" is a person who, at the time of application for residency status: (a) declares himself or herself to be financially dependent; and (b) has been claimed as a dependent on the federal and state income tax returns of another person during the immediately preceding tax year.

Hist.: HEB 9-1992, f. & cert. ef. 12-2-92; HEB 10-1992, f. & cert. ef. 12-23-92; HEB 5-1995, f. & cert. ef. 11-2-95; HEB 5-1996, f. & cert. ef. 12-18-96; OSSHE 5-2003, f. & cert. ef. 12-3-03

580-010-0030

Determination of Residence

(1) For purposes of admission and instruction fee assessment, OUS institutions shall classify a student as Oregon resident or nonresident. In determining resident or nonresident classification, the primary issue is a person's intent in coming to Oregon. Intent is inferred from a person's conduct and history as they relate to the requirements of these residency rules. If a person is in Oregon primarily for the purpose of obtaining an education, that person will be considered a nonresident. It is possible for an individual to qualify as a resident of Oregon for purposes of voting or obtaining an Oregon driver's license and not meet the residency requirements established by these rules.

(2) An Oregon resident is a financially independent person who, prior to the term for which Oregon resident classification is requested, has both: (a) established and maintained a domicile in Oregon as provided under 580-010-0029(1) 12 consecutive months; and (b) during that period, has been primarily engaged in activities other than those of being a college student.

(3) A student may be considered primarily engaged in educational activities regardless of the number of hours for which the student is enrolled. However, a student who is enrolled for more than 8 hours in any semester or quarter during the 12-month period referred to in section (2) of this rule shall be presumed to be in Oregon for primarily educational purposes. Such period of enrollment shall not be counted toward the establishment of a bona fide domicile of 12 consecutive months in this state unless the student proves, in fact, establishment of a bona fide domicile in this state primarily for purposes other than educational.

(4) An Oregon resident is also a financially dependent person who is claimed as a dependent by another person who has both: (a) established and maintained an Oregon domicile as provided under 580-010-0029(1) for 12 consecutive months; and (b) during that period, has been primarily engaged in activities other than those of being a college student.

(5) A financially dependent person who is claimed as a dependent by another person who has not established and maintained an Oregon domicile shall be presumed to be a non-resident. This presumption may be overcome by evidence of the student's long-standing presence in Oregon and demonstration of other factors under 580-010-0031.

(6) The criteria for determining Oregon resident classification shall also be used to determine whether a person who has moved from Oregon has established a non-Oregon residence.

(7) If institution records show that the residence of a student or the person upon whom the student is dependent is outside of Oregon, the student shall continue to be classified as a nonresident until entitlement to resident classification is shown. The burden of showing that the residence classification should be changed is on the student requesting the change.

(8) Notwithstanding section (4) of this rule, a student who is financially dependent on a non-Oregon resident may nonetheless be considered an Oregon resident if the student resides in Oregon for at least 12 consecutive months with a parent or legal guardian who has both: (a) established and maintained an Oregon domicile under 580-010-0029(1) for 12 consecutive months; and (b) during that period, has been primarily engaged in activities other than those of being a college student.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 8-1981, f. & cert. ef. 9-30-81; HEB 4-1985, f. & cert. ef. 7-30-85; HEB 14-1986, f. & cert. ef. 10-27-86; HEB 1-1987, f. & cert. ef. 1-12-87; HEB 4-1988, f. & cert. ef. 5-13-88; HEB 1-1990, f. 2-13-90, cert. ef. 7-1-90; HEB 9-1992, f. & cert. ef. 12-2-92; HEB 10-1992, f. & cert. ef. 12-23-92; HEB 5-1995, f. & cert. ef. 11-2-95; HEB 5-1996, f. & cert. ef. 12-18-96; OSSHE 5-2003, f. & cert. ef. 12-3-03

580-010-0031

Residency Consideration Factors

(1) The following factors, although not necessarily conclusive or exclusive, have probative value in support of a claim for Oregon resident classification:

(a) Reside in Oregon for 12 consecutive months prior to the beginning of the term for which resident classification is sought and during that period be primarily engaged in activities other than those of a college student;

(b) Reliance upon Oregon resources for financial support;

(c) Domicile in Oregon of persons legally responsible for the student;

(d) Acceptance of an offer of permanent employment in Oregon; and

(e) Ownership by the person of his or her living quarters in Oregon.

(2) The following factors, standing alone, do not constitute sufficient evidence to effect classification as an Oregon resident:

(a) Voting or registration to vote;

(b) Employment in any position normally filled by a student;

(c) The lease of living quarters;

(d) Admission to a licensed practicing profession in Oregon;

(e) Automobile registration;

(f) Public records, for example, birth and marriage records, Oregon driver's license;

(g) Continuous presence in Oregon during periods when not enrolled in school;

(h) Ownership of property in Oregon or the payment of Oregon income or other Oregon taxes; or

(i) Domicile in Oregon of the student's spouse;.

(3) Reliance upon non-Oregon resources for financial support is an inference of residency in another state.

Hist.: HEB 9-1992, f. & cert. ef. 12-2-92; HEB 10-1992, f. & cert. ef. 12-23-92; HEB 5-1995, f. & cert. ef. 11-2-95; HEB 5-1996, f. & cert. ef. 12-18-96; OSSHE 5-2003, f. & cert. ef. 12-3-03

580-010-0033

Evidence of Financial Dependency

(1) In determining whether a student is financially dependent, a student must provide:

(a) Evidence of established domicile as provided under 580-010-0029(1) of the person claiming the student as a dependent; and

(b) The identification of the student as a dependent on the federal and state income tax returns of the person claiming the student as a dependent. Additional documentation to substantiate dependency during the current calendar year may be required at a later time if deemed necessary by the institution.

(2) A student who provides evidence that he or she is a financially dependent person under these rules shall not be required to establish a 12-month domicile prior to classification of resident status, provided such a student may not be classified as a resident while receiving financial assistance from another state or state agency for educational purposes.

Hist.: HEB 9-1992, f. & cert. ef. 12-2-92; HEB 10-1992, f. & cert. ef. 12-23-92; HEB 5-1995, f. & cert. ef. 11-2-95; HEB 5-1996, f. & cert. ef. 12-18-96; OSSHE 5-2003, f. & cert. ef. 12-3-03

580-010-0035

Residence Classification of Armed Forces Personnel

(1) For purposes of this rule, members of the armed forces means officers and enlisted personnel of:

(a) The Army, Navy, Air Force, Marine Corps, and Coast Guard of the United States;

(b) Reserve components of the Army, Navy, Air Force, Marine Corps, and Coast Guard of the United States;

(c) The National Guard of the United States and the Oregon National Guard.

(2) Notwithstanding 580-010-0030, active members of the armed forces and their spouses and dependent children shall be considered residents for purposes of the instructional fee if the members:

(a) Reside in this state while assigned to duty at any base, station, shore establishment, or other facility in this state;

(b) Reside in this state while serving as members of the crew of a ship that has an Oregon port of shore establishment as its home port or permanent station; or

(c) Reside in another state or a foreign country and file Oregon state income taxes no later than 12 months before leaving active duty.

(3) An Oregon resident entering the armed forces retains Oregon residence classification until it is voluntarily relinquished.

(4) An Oregon resident who has been in the armed forces and assigned on duty outside of Oregon, including a person who establishes residency under section (2)(c) of this rule, must, within a reasonable time, demonstrate an intent to retain classification as an Oregon resident. Such intent may be shown by returning to Oregon within six months after completing service in the armed forces.

(5) A person who continues to reside in Oregon after separation from the armed forces may count the time spent in the state while in the armed forces to support a claim for classification as an Oregon resident.

(6) The dependent child and spouse of a person who is a resident under section (2) of this rule shall be considered an Oregon resident. "Dependent child" includes any child of a member of the armed forces who:

(a) Is under 18 years of age and not married, otherwise emancipated or self-supporting; or

(b) Is under 23 years of age, unmarried, enrolled in a full-time course of study in an institution of higher learning, and dependent on the member for over one-half of his/her support.

Hist.: HEB-3-1978, f. & cert. ef. 6-5-78; HEB 10-1979, f. & cert. ef. 8-22-79; HEB 8-1981, f. & cert. ef. 9-30-81; HEB 4-1985, f. & cert. ef. 7-30-85; HEB 4-1988, f. & cert. ef. 5-13-88; HEB 1-1990, f. 2-13-90, cert. ef. 7-1-90; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1995, f. & cert. ef. 11-2-95; HEB 5-1996, f. & cert. ef. 12-18-96; OSSHE 3-2001(Temp), f. 6-15-01, cert. ef. 7-1-01 thru 12-27-01; OSSHE 5-2001, f. & cert. ef. 11-7-01; OSSHE 1-2003(Temp), f. & cert. ef. 7-25-03 thru 1-18-04; OSSHE 5-2003, f. & cert. ef. 12-3-03

580-010-0037

Residence Classification of Members of Oregon Tribes

(1) Students who are enrolled members of federally recognized tribes of Oregon or who are enrolled members of a Native American tribe which had traditional and customary tribal boundaries that included parts of the state of Oregon or which had ceded or reserved lands within the state of Oregon shall be assessed resident tuition regardless of their state of residence.

(2) For purposes of this rule, the federally recognized tribes of Oregon are:

(a) Burns Paiute Tribe;

(b) Confederated Tribes of Coos, Lower Umpqua and Siuslaw;

(c) Confederated Tribes of Grand Ronde Community of Oregon;

(d) Confederated Tribes of Siletz Indians of Oregon;

(e) Confederated Tribes of the Umatilla Indian Reservation;

(f) Confederated Tribes of the Warm Springs Indian Reservation;

(g) Coquille Indian Tribe;

(h) Cow Creek Band of Umpqua Indians;

(i) Klamath Tribes.

(3) For purposes of this rule, the Native American tribes which had traditional and customary tribal boundaries that included parts of the state of Oregon or which had ceded or reserved lands within the state of Oregon are:

(a) CALIFORNIA:

(A) Benton Paiute Tribe;

(B) Big Bend Rancheria;

(C) Big Lagoon Rancheria;

(D) Blue Lake Rancheria;

(E) Bridgeport Indian Colony;

(F) Cedarville Rancheria;

(G) Fort Bidwell Indian Tribe;

(H) Hoopa Valley Tribe;

(I) Karuk Tribe of California;

(J) Likely Rancheria;

(K) Lookout Rancheria;

(L) Lytton Rancheria;

(M) Melochundum Band of Tolowa Indians;

(N) Montgomery Creek Rancheria;

(O) Pit River Tribe;

(P) Quartz Valley Indian Community;

(Q) Redding Rancheria;

(R) Roaring Creek Rancheria;

(S) Smith River Rancheria;

(T) Susanville Rancheria;

(U) Tolowa-Tututni Tribe;

(V) Winnemucca Colony;

(W) XL Ranch.;

(X) Yurok Tribe.

(b) IDAHO:

(A) Nez Perce Tribe of Idaho;

(B) Shoshoni-Bannock Tribes.

(c) NEVADA:

(A) Duck Valley Shoshone-Paiute Tribes;

(B) Fallon Paiute-Shoshone Tribe;

(C) Fort McDermitt Paiute-Shoshone Tribe;

(D) Lovelock Paiute Tribe;

(E) Pyramid Lake Paiute Tribe;

(F) Reno-Sparks Indian Colony;

(G) Summit Lake Paiute Tribe;

(H) Walker River Paiute Tribe;

(I) Winnemucca Indian Colony;

(J) Yerington Paiute Tribe.

(d) OKLAHOMA: Modoc Tribe of Oklahoma.

(e) WASHINGTON:

(A) Chehalis Community Council;

(B) Colville Confederated Tribes;

(C) Quinault Indian Nation;

(D) Shoalwater Bay Tribe;

(E) Yakama Indian Nation.

(4) A student seeking to be assessed resident tuition under the provisions of this rule shall submit, following procedures prescribed by the OUS institution where the student seeks to enroll, a photocopy of tribal enrollment which documents tribal membership.

Hist.: OSSHE 3-1998, f. & cert. ef. 7-22-98; OSSHE 5-2003, f. & cert. ef. 12-3-03

580-010-0040

Residence Classification of Non-Citizens

A person who is not a citizen of the United States may be considered an Oregon resident if the person qualifies as a resident under 580-010-0030 and is one of the following:

(1) A lawful permanent resident. The date of approval of lawful permanent residency shall be the earliest date upon which the 12-month residency requirements under 580-010-0030 may begin to accrue.

(2) An immigrant granted refugee or political asylum in the United States. The date of approval of political asylum or refugee status shall be the earliest date upon which the 12-month residency requirements under 580-010-0030 may begin to accrue.

(3) A person holding one of the following non-immigrant visa classifications: A, E, G, H-1B, H-1C, the spouse or child of a person holding an H-1B or H-1C visa, I, K, L, NATO, O, R, S, T, TN, U, or V. The date of the issuance of a visa for one of these classifications shall be the earliest date upon which the 12-month residency requirements under 580-010-0030 may begin to accrue. A person possessing a non-immigrant or temporary visa that is not identified under this rule shall not be considered an Oregon resident.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 4-1985, f. & cert. ef. 7-30-85; HEB 14-1986, f. & cert. ef. 10-27-86; HEB 4-1988, f. & cert. ef. 5-13-88; HEB 1-1990, f. 2-13-90, cert. ef. 7-1-90; HEB 9-1992, f. & cert. ef. 12-2-92; HEB 1-1994, f. 2-9-94, cert. ef. 2-15-94; HEB 5-1996, f. & cert. ef. 12-18-96; OSSHE 5-2003, f. & cert. ef. 12-3-03

580-010-0041

Changes in Residence Classification

(1) If an Oregon resident student enrolls in an institution outside of Oregon and later seeks to re-enroll in an OUS institution, the residence classification of that student shall be re-examined and determined on the same basis as for any other person.

(2) A financially dependent student who is dependent on a person who establishes a permanent Oregon residence as defined in 580-010-0030(2) during a term when the dependent student is enrolled at an OUS institution may register as a resident at the beginning of the next term.

(3) Once established, classification as a resident continues so long as the student remains in continuous academic year enrollment in the classifying institution.

(4) A person who seeks classification as a resident under these rules shall complete and submit a notarized Residence Information Affidavit. The affidavit and all required supportive documents and materials must be submitted by the last day to register for the term in which resident status is sought.

(5) No OUS institution is bound by any determination of residency except by duly authorized officials under procedures prescribed by these rules including timely submittal of the notarized affidavit.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 8-1981, f. & cert. ef. 9-30-81; Renumbered from 580-10-025; HEB 4-1985, f. & cert. ef. 7-30-85; HEB 14-1986, f. & cert. ef. 10-27-86; HEB 2-1987, f. & cert. ef. 1-12-87; HEB 4-1988, f. & cert. ef. 5-13-88; HEB 1-1990, f. 2-13-90, cert. ef. 7-1-90; HEB 9-1992, f. & cert. ef. 12-2-92; HEB 5-1996, f. & cert. ef. 12-18-96; OSSHE 5-2003, f. & cert. ef. 12-3-03

580-010-0045

Review of Residence Classification Decisions by IRC

(1) An interinstitutional residency committee (IRC) is established consisting of the officers determining student residence classification at OUS institutions and a member of the Chancellor's staff appointed by the Chancellor. The member of the Chancellor's staff shall serve as chairperson. A majority of the members of the Committee shall constitute a quorum. A majority of a quorum may make decisions.

(2) Residence cases of unusual complexity, especially where there may be conflict of rules, may be referred by an institution residence classification officer to the IRC for decision.

(3) Any person who is aggrieved by the institution residence classification may, within ten days of the date of mailing or other service of classification decision, appeal the classification to the IRC. The appeal must be in writing and shall be filed with the institution. An aggrieved person may supply written statements to the IRC for consideration in reviewing the case and may also make an oral presentation to the IRC on a date to be scheduled by the IRC. The decision of the IRC shall be final unless appealed.

(4) A person dissatisfied with the IRC decision may, within ten days of the date of the mailing or other service of the IRC decision, appeal the IRC decision to Vice Chancellor for Academic Affairs or designee. An appeal to the vice chancellor shall be in writing only. The vice chancellor's decision shall be final.

(5) A person granted a meritorious hardship exception to residency under this rule prior to July 1, 1990, shall not lose the exception solely because of the repeal of the exception authorization.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 4-1985, f. & cert. ef. 7-30-85; HEB 4-1988, f. & cert. ef. 5-13-88; Section (2) Renumbered to 580-010-0046 and section (3) Renumbered to 580-010-0047; HEB 1-1990, f. 2-13-90, cert. ef. 7-1-90; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1995, f. & cert. ef. 11-2-95; OSSHE 5-2003, f. & cert. ef. 12-3-03

580-010-0047

Residents Under WICHE

A certification officer, designated by the Board, shall determine the residence classification of any person seeking certification as an Oregon resident, pursuant to the terms of the WICHE Compact. Any person dissatisfied with the decision of the certification officer may appeal to the IRC. The decision of the IRC shall be final unless further appeal is made to the Vice Chancellor for Academic Affairs pursuant to 580-010-0045(4).

Hist.: HEB 4-1988, f. & cert. ef. 5-13-88; Renumbered from 580-010-0045; HEB 1-1990, f. 2-13-90, cert. ef. 7-1-90; HEB 1-1993, f. & cert. ef. 2-5-93

Payment of Student Fees

580-010-0080

Payment of Nonresident Instruction Fee

(1) All students who are classified as nonresidents shall pay a nonresident fee.

(2) Refunds of the nonresident fee may be granted if the student shows that the classification previously assigned was in error, but no such refund shall be made unless the student applies and submits all supporting information for residency status prior to the last day to register for the term in which the student seeks change of status.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 8-1981, f. & cert. ef. 9-30-81; Renumbered from 580-010-0020; HEB 4-1985, f. & cert. ef. 7-30-85

580-010-0081

Waiver of Nonresident Instruction Fee

(1) Notwithstanding the provisions of 580-010-0080, the following nonresident students shall be permitted to pay instruction fees at the same rates as Oregon resident students:

(a) Students who are residents of the State of Washington attending an Oregon institution and who are granted a tuition waiver under the terms of reciprocity agreement;

(b) Eastern Oregon University students who:

(i) graduated from a state-recognized high school in Oregon, Washington, or Idaho within the previous three year period; or

(ii) are lawful residents of Idaho or Washington; or

(iii) were enrolled in an institution of higher education in Idaho or Washington at any time during the preceding academic year; or

(iv) were enrolled students at Eastern Oregon University during the academic year 2011-12, so long as they continue to make satisfactory academic progress toward graduation without a break in enrollment (excluding summer term);

(c) Graduate students who are residents of a participating WICHE state enrolled in a WICHE Regional Graduate Program or a WICHE northwest doctoral student exchange program at a Department institution; and

(d) Students attending Oregon graduate or professional schools under terms of the WICHE Compact.

(2) When provisions of this rule are limited to residents of specific states or counties, determination of residence in those states or counties shall be made in the same manner as for students claiming Oregon residence.

Hist.: HEB 7-1979, f. & ef. 8-22-79; HEB 6-1981(Temp), f. & ef. 8-20-81; HEB 10-1981, f. & ef. 9-30-81; HEB 7-1984(Temp), f. & ef. 8-21-84; HEB 8-1984, f. & ef. 8-21-84; HEB 10-1984, f. & ef. 10-12-84; Renumbered from 580-010-0021; HEB 4-1985, f. & ef. 7-30-85; HEB 10-1985, f. & ef. 12-19-85; HEB 11-1986, f. & ef. 7-30-86; OUS 5-2012, f. & cert. ef. 6-18-12

580-010-0083

Scholarships Funded by Sports Lottery Revenue

(1) The Office of Academic Affairs will allocate scholarship funds as authorized by ORS 461.543 (5)(b) and funded from the Sports Lottery Account. Scholarship funds will be awarded for post-baccalaureate professional and graduate students and will be divided equally between scholarships awarded on the basis of need and scholarships awarded on the basis of academic merit.

(2) For purposes of this rule:

(a) "Academic Merit" will be determined by acceptance into an OSSHE graduate program, by a record of scholarly achievement as demonstrated by grade point average, test scores on nationally recognized admissions tests or other evidence of scholarly or creative ability.

(b) "Need" will be determined in accordance with the federal guidelines established pursuant to the Higher Education Act of 1965, as amended, together with consideration of the costs associated with an applicant's academic program.

(3) The Vice Chancellor for Academic Affairs shall establish additional criteria and procedures consistent with this rule for selecting among applicants eligible for scholarships under this rule.

Hist.: HEB 4-1992, f. & cert. ef. 4-10-92; HEB 5-1996, f. & cert. ef. 12-18-96

580-010-0085

Student Exchanges

(1)(a) Under the WICHE student exchange program, certification of students as Oregon residents for purposes of attending institutions not under Board control or in other states shall be guided by rules set forth in this division;

(b) Applications for support through the WICHE Professional Student Exchange Program (PSEP) must be received by the Oregon WICHE Certifying Officer on or before October 15 of the year preceding the year for which support is sought. An application received after that date in an envelope postmarked not later than October 15 will be deemed to have been received on the 15th. PSEP applicants must be Oregon residents. Residency shall be determined as of the date of the application for PSEP support, not as of the date of expected admission or registration to a participating program. When PSEP funding is insufficient to support all certified applicants within a field, the Oregon WICHE Certifying Officer will work with the participating PSEP programs to which the applicants have applied to determine the ranked order of the applicants. Support will be offered within the available funding according to the rankings so established.

(2)(a) The Department and separate institutions may enter into agreements with individual institutions in other states or other countries whereby resident students specified by name in the Oregon institutions may transfer to the other institution, and an equal number of students specified by name from the other institution may transfer to the Oregon institution with a reciprocal waiving of additional fees ordinarily assessed to nonresident students in both institutions;

(b) The recommendation for a student exchange program, together with a copy of the proposed agreement between the institutions, shall be approved by the Chancellor or designee before the exchange program is undertaken. Further, the program recommendation and the proposed agreement between institutions shall set forth the reasons the exchange would be of particular benefit to the students in their chosen study programs and specify: fees to be paid by incoming and outgoing students; student responsibility for costs of transportation, housing, books, board and room and other incidentals; responsibility of institutions to assist students in obtaining housing, counseling and interpreters; procedures to be followed in state entitlement funding and counting credit hours; action to be taken if students do not regularly participate in the academic program being pursued; and procedures for providing transcripts;

(c) If an approved agreement provides for exchange of equal numbers of students, then unforeseen circumstances that later might cause a student to withdraw from the program shall not void the arrangements agreed upon by the two institutions.

(3) Attendance at a Department institution as an exchange student from another state or country cannot be used in establishing residence.

(4) Notwithstanding any other rule, and effective fall term of the 1989-90 academic year, a Department institution may provide that a vacant WICHE opening may be occupied by a nonresident, non-WICHE student who agrees not to seek residency status for the duration of the student's degree program and who agrees to pay a fee equal to the nonresident tuition fee for the duration of that program.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 8-1981, f. & cert. ef. 9-30-81; Renumbered from 580-010-0050; HEB 4-1985, f. & cert. ef. 7-30-85; HEB 2-1990, f. & cert. ef. 2-13-90; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 3-1994, f. & cert. ef. 3-9-94; HEB 5-1996, f. & cert. ef. 12-18-96

580-010-0086

Enrollment of Spouse and Dependent Children

(1) The spouse and dependent children of regular Department staff members with a full-time equivalent of at least .50 may enroll as students at resident fee rates in Department institutions. Effective January 1, 1999, for purposes of this rule, "spouse" includes the same sex domestic partner of an employee. The Chancellor or designee shall establish criteria to determine domestic partner eligibility.

(2) The spouse and dependent children of Department visiting instructors from other countries or other states with a full-time equivalent of at least .50 may enroll in Department institutions at resident fee rates during the terms that the parent, guardian, or spouse is serving a Department institution as a visiting instructor.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; Renumbered from 580-020-0035; HEB 4-1985, f. & cert. ef. 7-30-85; HEB 5-1996, f. & cert. ef. 12-18-96; OSSHE 2-1999(Temp), f. & cert. ef. 6-25-99 thru 12-8-99; OSSHE 6-1999, f. & cert. ef. 10-27-99

580-010-0089

Student Involvement in Development of Proposed Resident Undergraduate Tuition Rates

(1) The Board shall establish the tuition and fees to be assessed at each institution in accordance with applicable statutes and upon the recommendation of the institution president and the Chancellor. This section shall not impair the entities of student government or the Board under ORS 351.070(3)(d).

(2) Each institution will establish a process for student participation in the development of recommended rates for resident undergraduate tuition. The planned process will be communicated to the duly elected student government for discussion and input.

(3) Prior to the formal submission of proposed tuition rates to the Chancellor, or designee, the institution president, or designee, will provide an opportunity for the duly elected student government to consider and comment on the proposed rates. Efforts shall be made by both the appropriate student representatives and members of the university administration to accomplish this exchange in a timely manner that 1) provides for adequate student consideration and takes into account the academic calendar and 2) allows institutions to meet necessary deadlines for submission of proposals.

(4) As part of formally submitting rate proposals to the Chancellor, or designee, the institution president (or designee) will convey: 1) the process used by that institution to involve students in the development of recommended tuition rates and 2) the specific resident undergraduate tuition rates being proposed.

Hist.: OUS 6-2012, f. & cert. ef. 6-18-12

580-010-0090

Incidental Fee Guidelines and Procedures

(1) The Board shall establish the incidental fee to be assessed at each institution in accordance with applicable statutes and upon the recommendation of the institution president and the Chancellor. This section shall not impair the entities of student government or the Board under ORS 351.070(1)(d).

(2) The duly recognized student government shall designate student representatives to meet with the institution president (or designee) for the purpose of formulating or modifying guidelines and procedures to be followed at that institution in budgeting, allocating, and recommending the amount of incidental fee income. Such guidelines and procedures (and modifications thereof) shall be subject to approval by the Board. If the student government and the institution president fail to agree, the Board shall formulate the guidelines and procedures.

(3) Guidelines and procedures formulated pursuant to section (2) of this rule shall provide at least for the following:

(a) Designation of either the recognized student government or other entity designated in the established guidelines and procedures (hereinafter cited as other designated entity) with which the institution president communicates;

(b) All student members of incidental fee committees and subcommittees thereof shall be students maintaining at least half-time status;

(c) All meetings of incidental fee committees and subcommittees thereof shall be open to the public and appropriate notice (to be specified in the guidelines and procedures) shall be given;

(d) Budget and allocation recommendations to the president shall be aggregated by three major categories: student union activities; educational, cultural and student government activities; and athletic activities; and shall be submitted in writing;

(e) The institution president shall within a reasonable time (to be specified in the guidelines and procedures) acknowledge and accept in writing the recommendations of the student government or other designated entity or notify the student government or other designated entity in writing of any modifications under consideration by the president, including reasons for the proposed modification;

(f) The student government or other designated entity shall have a reasonable time (to be specified in the guidelines and procedures) to consider and respond in writing to modifications proposed by the president. If the student government or other designated entity concurs with the president's proposed modifications, such shall be communicated in writing to the president within the specified time. If no response is received within the specified time, the student government or other designated entity shall be deemed to have concurred in the modifications;

(g) If the student government or other designated entity does not concur, such shall be communicated in writing to the president within the specified time. The president (or designee) shall (within the time specified in the guidelines and procedures) then meet with the representatives of the student government or other designated entity to attempt to reconcile the difference;

(h) If the institution president and the student government or other designated entity do not reach agreement within ten working days, either party may request a hearing before the Hearings Board. Within five working days of the request for hearing, the Hearings Board shall conduct a hearing and within five working days thereafter shall make written findings of fact and recommendations for resolution of the disagreement and shall provide such findings and recommendations to both parties. Both parties shall notify the Hearings Board and each other promptly (to be specified in the guidelines and procedures) and in writing whether they accept or reject the recommendations of the Hearings Board:

(A) The Hearings Board shall consist of five members, two appointed by the institution president, two appointed by the student government or other designated entity and one mutually agreed upon. The members shall be selected promptly upon receipt of a request for a hearing. Prior to November 1 of each year, both parties will compile a list of persons mutually acceptable to sit on the Hearings Board. In the event a hearing is requested, the parties shall select the fifth Hearings Board member from this list;

(B) The institution president and the student government or other designated entity shall be given notice of the time and place of the hearing at least 24 hours before the hearing. All meetings of the Hearings Board shall be open to the public and appropriate notice shall be given;

(C) A representative of the student government or other designated entity and the institution president (or designee) shall present to members of the Hearings Board relevant information that may include, but is not limited to, memoranda, budget requests, minutes and correspondence.

(4) The recommended amount of the incidental fee for the campus shall be made by the president of the institution to the Chancellor. A representative of student government or other designated entity may appeal to the Chancellor the recommendations of an institution president regarding the amount of the incidental fee or the allocation among the three major categories listed in subsection (3)(c) of this rule. Allocations among programs and activities within a major category are not subject to appeal. The Chancellor shall order a timely review of the appeal and shall communicate to the parties involved a decision in writing within a reasonable time.

(5) The Chancellor shall recommend to the Board an incidental fee for each institution. Representatives of student government as well as other members of the public may appear in support of, opposition to, or to request modification of the recommended incidental fee in accordance with the provisions of 580-001-0005. The Board will concurrently consider appeals of the substantial unresolved differences in the allocation of incidental fees among the three major categories. Except in extraordinary circumstances or upon its own motion, the Board will not consider allocations within a major category.

(6) Within a reasonable time (to be specified in the guidelines and procedures) after final action by the Board, the president shall confer with the student government or other designated entity in making any necessary adjustments in the allocations and shall communicate the final action of the Board and the president in writing to the student government or other designated entity.

Hist.: HEB 5-1984, f. & cert. ef. 7-16-84; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

Building Fee Project Process

580-010-0100

Student Planning and Construction Committee

(1) Each student government shall establish a student campus planning and construction committee. Each institution shall incorporate the campus planning and construction committee into the established campus planning process for projects proposed to be funded, in whole or in part, from income from the student building fee.

(2) For projects proposed to be funded, in whole or in part, from income from the student building fee, the student planning and construction committee shall recommend to the appropriate official(s) of the student government, as described in 580-010-0120, whether each such project should be approved and the relative priority of each such project. The committee may also request consideration of additional projects or project modifications that the committee or student member(s) identifies independently.

(3) If a project affects a facility in which operations are or will be funded, in whole or in part, from student incidental fee income, the committee will seek the recommendation of the institution's incidental fee committee before making its recommendation to the appropriate student government official(s).

Hist.: HEB 2-1997, f. & cert. ef. 8-1-97

580-010-0110

Incidental Fee Committee Review and Recommendation

Each institution's Incidental Fee Committee will be given reasonable opportunity, to be specified in the guidelines and procedures of the student government, to review any project that affects a facility whose operations are or are intended to be funded, in whole or in part, from student incidental fee income. The Incidental Fee Committee shall recommend to the student planning and construction committee whether it believes the project should be approved and estimate, based upon the project's scope and schedule, the anticipated effect that the operation of the completed project will have on incidental fee amounts charged to students.

Hist.: HEB 2-1997, f. & cert. ef. 8-1-97

580-010-0120

Recommendations of Appropriate Student Government Official(s)

The student government of each institution shall determine which of its elected officials will be charged with making recommendations to the institution's president regarding capital construction projects proposed to be funded, in whole or in part, from student building fee income and shall so notify the institution president. Such appropriate student government official(s) shall review the recommendations of the incidental fee and student planning and construction committees. Efforts shall be made by both the appropriate student government official(s) and the representatives of the college and university administration to reach common understanding and consensus on such recommendations. However, the appropriate student government official(s) may make recommendations to the institution president even if such consensus has not been reached.

Hist.: HEB 2-1997, f. & cert. ef. 8-1-97

580-010-0130

Agreement between Student Government and Institution President

(1) The institution president shall review the recommendation of the appropriate student government official(s) prior to approving the institution's capital construction budget request for the upcoming biennium. If the institution president does not agree with a recommendation or priority ranking of the appropriate student government official(s), the president and the appropriate student government official(s) shall make good faith efforts to reach agreement.

(2) If agreement is not reached, the institution president and the appropriate student government official(s) shall submit the matter to a Hearings Board in the manner described in 580-010-0090(3)(h). The hearing must be completed prior to the deadline for the president to submit the institution's request to the Chancellor's Office.

(3) If agreement has not been reached even after a hearing, the institution's president shall submit the institution's capital construction budget request to the Chancellor's Office and disclose that agreement has not been reached with the appropriate student government official(s).

Hist.: HEB 2-1997, f. & cert. ef. 8-1-97

580-010-0140

Capital Construction Budget Recommendations of Vice Chancellor for Finance and Administration

(1) The Vice Chancellor for Finance and Administration or designee shall discuss with the parties any matters of disagreement between the institution president and the appropriate student government official(s) and shall take the information provided into account in making the Chancellor's capital construction budget recommendations regarding projects to be financed from the building fee to the Board of Higher Education. If the Chancellor's recommendation includes projects on which the institution and appropriate student government official(s) have not reached agreement, the Chancellor's Office shall disclose that a disagreement exists to the Board of Higher Education at the time of its capital construction budget recommendation.

(2) The Vice Chancellor for Finance and Administration shall base these

recommendations on the following criteria:

(a) Demonstrated project need and beneficial use to students;

(b) Campus student support for the project;

(c) Protection of asset investment and compliance with code requirements;

(d) Co-funding availability; and

(e) The historical share of building fee projects at a given campus compared to the System as a whole.

(3) The Vice Chancellor, within a reasonable time of receiving a request, shall provide a written report that specifies how criteria listed in subsection (2) of this rule were considered in the evaluation of a project.

Hist.: HEB 2-1997, f. & cert. ef. 8-1-97

DIVISION 11 STUDENT CENTERS, HEALTH SERVICES, HOUSING, FOOD SERVICE, AND RECREATIONAL AND INTER-COLLEGIATE ATHLETIC FACILITIES

 Student Health Services

580-011-0005

Student Health Services

(1) The institutions shall operate or provide student health services to safeguard the health of students through health education, medical treatment of injuries and diseases and limited counseling services.

(2) Student health services supported by student fees shall be made available to full-time and part-time students who are enrolled in courses taught by institution faculty and who have paid the health service fee adopted by the Board.

(3) An institution may also provide health services to:

(a) Participants in on-campus, noncredit workshops and programs sponsored by the institution;

(b) Participants in on-campus, noncredit workshops and programs sponsored by the institution under contract with an off-campus organization;

(c) Participants in on-campus workshops and programs sponsored and taught by off-campus organizations under a lease or contract with the institution;

(d) Other persons on an emergency basis;

(e) Persons, during the summer, who: were registered and paid the health fee the previous spring term, intend to register for the upcoming fall term and pay a fee equal to the fee charged to regularly enrolled summer term students. Sign-ups shall be during a period in spring term designated by the director of health services.

(f) Health service fees charged to these categories of users shall not be less than the current fees charged full-time and part-time students prorated according to the period of use.

(4) Charges may be made for prescriptions, laboratory services, immunizations and other special services in accordance with regulations adopted by the institutions.

(5) The student health services will neither pay nor be responsible for bills from private physicians or private hospitals, except in cases of advance contractual arrangements made by the institutions.

(6) Except as permitted by this section, faculty and staff (other than residents, interns and graduate assistants) are not eligible to use student health services operated or provided by the institutions. Institution executives may authorize that limited services, such as immunizations, injections and emergency services, be provided faculty and staff on a full-cost-reimbursement basis.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 14-1981, f. & cert. ef. 12-18-81; HEB 6-1992, f. & cert. ef. 4-30-92; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

Housing

580-011-0015

Self-Supporting Concept for Student Housing

The self-supporting concept, as applied to student housing, anticipates that there shall be sufficient total income from charges to pay all direct costs, including debt service, designated apportioned physical plant, utility and insurance costs, and institutional and a proportional share of Board's Office accounting, overhead and administrative costs.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 4-1979, f. & cert. ef. 7-20-79; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-011-0020

Self-Supporting Concept for Student Housing

The self-supporting concept, as applied to student housing, anticipates that there shall be sufficient total income from charges to pay all direct costs, including debt service, designated apportioned physical plant, utility and insurance costs, and institutional and a proportional share of Board's Office accounting, overhead and administrative costs.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 4-1979, f. & cert. ef. 7-20-79; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-011-0021

Campus Housing Advisory Committees

(1) Each institution providing housing for more than 2,000 students shall maintain a campus housing advisory committee to be composed of representatives of the faculty, undergraduate and graduate student body, administration and, if available, a local community housing agency. The president shall appoint the members of the committee. The president or designee shall consult with the institution's student government in the selection of student members. At least one member shall be a student who is eligible for student family housing if the institution provides such housing.

(a) The campus housing advisory committee will meet regularly during the academic year in scheduled public meetings to advise the president or designee of the adequacy of the housing provided by the institution in terms of the number, type, quality and affordability of units. The committee also shall consider the institution's campus master plan and long-range housing plans and advise about the adequacy of the plans in addressing needs for housing construction. The committee shall report its findings and recommendations, if any, to the president at least once during each biennium. At the discretion of the president, the committee may be assigned additional advisory responsibilities regarding campus housing.

(b) The president of each institution may assign the responsibilities of the campus housing advisory committee to any existing committee if that committee already includes representatives from the faculty, undergraduate and graduate student body, administration and local community housing agencies. Such a committee may be renamed accordingly.

(2) Whenever an institution proposes to construct or otherwise provide additional housing, or at least once during each biennium for institutions providing housing for more than 2,000 students, it shall report to the Chancellor about the housing conditions and needs of the institution. This report shall include information about the number of students housed in both residence halls and family housing facilities, the rates charged, the vacancy rates in institution-provided housing, the numbers of students on waiting lists for institution-provided housing in residence halls and in family housing facilities and the vacancy rates or other relevant information available from local public agencies concerning low and moderate income housing needs and conditions in the community in which the institution is located. The institution shall estimate the number of students eligible to be housed in family and married student housing if the institution provides such housing.

(a) In reports to the Chancellor, universities with more than 12,000 three-term average full-time equivalent regular students shall provide information about the number and percentage of enrolled students housed in institution-provided housing (both residence halls and family housing facilities) at comparable institutions in the PAC-10 Conference or at least three other comparable institutions elsewhere in the United States, preferably in the West.

(b) To the extent practicable, the institution shall report on undergraduate and graduate students as separate groups. In addition, if an institution is proposing to construct or otherwise provide additional housing, it shall estimate the costs of providing such housing and present a financial plan demonstrating that such additional housing will meet the self-supporting requirements of 580-011-0020. That plan must calculate the effect the provision of the additional housing will have on the costs of and the housing rates charged by all institutions in the System. The report required in this subsection shall be reviewed by the appropriate campus housing advisory committee at least 60 days prior to its submission to the Chancellor. Any comments adopted by that committee, either as majority or minority reports, shall be provided in writing by the institution to the Chancellor along with its report.

Hist.: HEB 3-1991, f. 5-6-91, cert. ef. 7-1-91; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-011-0030

Rates of Charge for Student Housing

(1) Student housing charges shall provide sufficient income to make each category of housing--family housing, residence halls and cooperative housing-self-supporting and self-liquidating. Under exceptional circumstances, the Chancellor may authorize the use of income from one category to support the operation of another and the use of commingled student building fees to assist with financing of student housing.

(2) Rates of charge in the residence halls within the Department and within an institution shall be comparable.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-011-0035

Institutionally Controlled Cooperative Housing

Institutionally controlled cooperative housing projects shall be limited to those meeting the following conditions:

(1) The institutions select students occupying the units.

(2) Rental contracts are made between individual student occupants and the institutions.

(3) The units are wholly self-supporting and self-liquidating.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-011-0040

Fraternities, Sororities, and Cooperatives

(1) Guidelines for fraternity, sorority and cooperative living are as follows:

(a) Fraternities, sororities and cooperatives shall comply fully with Board anti-discrimination rules and policies;

(b) The existence of fraternities, sororities and cooperatives shall be compatible with the educational objectives of the institution;

(c) Fraternities, sororities and privately owned cooperatives shall be housed in privately owned facilities constructed on privately owned land;

(d) The institution shall be responsible for judging the adequacy of the fraternity, sorority and cooperative houses for off-campus living for its students.

(2) In carrying out its responsibilities under subsection (1)(d) of this rule, the institution shall require proof of compliance with minimum health and safety standards under applicable public regulations.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 7-1978, f. & cert. ef. 12-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-011-0045

Charging of Administrative and Physical Plant Costs to Auxiliary Enterprises

(1) A proportionate share of the Board's Office and institutional accounting, overhead and administrative costs are apportioned among the auxiliary enterprises in accordance with Executive Department and Board's Office policy directives. The basis for apportioning institutional accounting and administrative costs is determined by the institution with report to the Vice Chancellor for Finance and Administration.

(2) In recognition of use of student centers, housing, food service buildings, recreational buildings and intercollegiate athletic facilities for instructional and public service programs, institutions may fund from education and general services resources a proportionate share of the physical plant costs of operating and maintaining these auxiliary enterprises. Such funding is generally apportioned according to use and space except that education and general services resources normally shall not be used to support such revenue-producing areas as food service, bookstore, barber shop, game room, housing and other similar areas that should be self-supporting. The basis for apportioning institutional physical plant operation and maintenance costs shall be determined by the institution.

Hist.: HEB 6-1979, f. & cert. ef. 7-20-79; HEB 4-1986, f. & cert. ef. 1-17-86; HEB 10-1990, f. & cert. ef.7-26-90; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

DIVISION 12 PROHIBITED CONDUCT RELATING TO STUDENTS

580-012-0010

Proscribed Conduct

The Board has proscribed certain conduct as listed in 580-022-0045. Students engaging in proscribed conduct will be subject to sanctions according to institutional procedures.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

DIVISION 13 STUDENT RECORDS

580-013-0005

Institutional Regulations

(1) The Board delegates to the president of each institution responsibility for developing institutional rules governing the form and variety of student records to be maintained in the institution, the nature of the information to be collected and the way in which such student information is to be recorded, maintained, used and eventually disposed of. Such institutional rules shall be consistent with Oregon laws and Board rules and with federal statutes and regulations.

(2) In the development of these rules, the president will give faculty and students an important voice, consistent with the nature of the academic community.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-013-0010

Definitions

(1) "Personal Records" means records containing information kept by the institution, division or department concerning a student and furnished by the student or by others at the student's or the institution's, division's or department's request, including, but not limited to, record of grades attained, information concerning discipline, counseling, membership activity, employment performance and other individual student behavioral records.

(2) For purposes of compliance with ORS 351.065, "records of academic achievement" shall mean the record of credits earned toward a degree and/or degree(s) received.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-013-0015

Purpose of Student Records

Only personal records demonstrably and substantially relevant to the educational and related purposes of the institution, division or department shall be generated or maintained.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-013-0020

Certain Information Not Required to be Provided by Students

No student shall be required to provide, except voluntarily, information as to race, religion, political affiliation or preferences, or personal values, except as required by state statute, federal law or valid federal rules, regulations or orders.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-013-0025

Locations and Custody of Student Records

Official student personal records shall be maintained in locations central to the institution, division or department by which they are maintained, with the custody thereof assigned to designated personnel specifically charged with preserving the confidentiality of records in accordance with institutional rules.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-013-0030

Release of and Access to Student Records

(1) Appropriate information about the student may be released without the student's consent. Such unrestricted access shall be limited to the following information:

(a) Directory information, that is, information generally needed in identifying or locating a named student.

(b) Objective evidence of a student's academic achievement, which is interpreted to be limited to information as to the degree(s) earned.

(2) Each institution shall each year give public notice of the categories of personally identifiable information that the institution has designated as directory information. Students shall have the right to refuse to permit the designation of any or all of the categories of personally identifiable information with respect to that student as directory information.

(3) All other information in the student records, apart from directory information as defined in section (1) above, shall be considered personal and confidential and subject to the restrictions hereinafter set forth in 580-013-0035 through 580-013-0050.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-013-0035

Confidential Records -- Restrictions on Release

(1) Personal records designated as confidential pursuant to ORS 351.070 or pursuant to the Federal Family Educational Rights and Privacy Act may be disclosed to institutional, state or statutorily authorized federal officials or employees who need the information in order to fulfill their official, professional responsibilities as required by law, institutional rules or internal management directives. Disclosure of personally identifiable information may also be made in connection with financial aid for which a student has applied or that a student has received or to accrediting organizations when necessary to their accrediting functions. These records may not be released to any other person or agency without the student's written consent, unless on receipt of a subpoena or other court order or process. Institutional rules may provide for designated institutional officials to appear in court to test the validity of a subpoena or court order or process relating to release of student records.

(2) The president, or a designee, may make exception to the foregoing rule and may disclose personally identifiable information from the educational records of a student to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individual. The factors to be taken into account in determining whether personally identifiable information from the educational records of a student may be disclosed under this rule shall include the following:

(a) The seriousness of the threat to the health or safety of the student or other individual;

(b) The need for the information to meet the emergency;

(c) Whether the individuals to whom the information is disclosed are in a position to deal with the emergency;

(d) The extent to which time is of the essence in dealing with the emergency.

(3) The health and safety exception to confidentiality shall be strictly construed.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 5-1980, f. & cert. ef. 6-18-80; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-013-0036

Transfer of Education Records

Each institution may, by rule, notify students that it will forward education records on request to any school in which a student seeks or intends to enroll. If an institution so provides, no further notice need be given of transfer of records to such other school.

Hist.: HEB 6-1980, f. & cert. ef. 6-18-80; HEB 5-1996, f. & cert. ef. 12-18-96

580-013-0040

Petition by Student for Change in Personal Record

The student shall have the right to review with appropriate institutional personnel any information contained in the student's records and to petition appropriate institutional officials as defined in institutional rules for additions or deletions to the record where the accuracy of the information in the file is in question, except in the following instances:

(1) Records created or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in a professional or paraprofessional capacity or assisting in that capacity.

(2) Records created, maintained or used only in connection with the provision of treatment to the student and not disclosed to anyone other than individuals providing the treatment; provided, that the records can be personally reviewed by a physician or other appropriate professional of the student's choice.

(3) Records relating exclusively to an individual in that individual's capacity as an employee.

(4) Financial records and statements of the parents of students or any information contained therein.

(5) Confidential letters and confidential statements of recommendation that were placed in the educational records of a student prior to January 1, 1975, provided that the letters and statements were solicited with the written assurance of confidentiality or sent and retained with a documented understanding of confidentiality and were used only for the purposes for which they were specifically intended.

(6) Confidential letters of recommendation and confidential statements of recommendation that were placed in the educational records of the student after January 1, 1975, respecting admission to an educational institution, respecting an application for employment or respecting the receipt of an honor or honorary recognition, provided that the student has waived rights to inspect and review letters and statements of recommendation.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-013-0045

Availability of Student Records for Research Purposes

(1) The need for institutions to make information regarding the student available for research purposes shall be acknowledged and provided for in institutional rules on student records. The institutional rules shall provide adequate provisions to conceal the identity of students whose personal data or information is included in research.

(2) If the confidentiality of student records seems to be jeopardized in any way by release of information for research purposes, institutional rules shall provide that the institution is to obtain the student's written consent prior to releasing information for research purposes.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-013-0050

Permanence, Duplication, and Disposal of Student Records

(1) Individual student records shall be maintained only for the minimum period of time required to serve the official functions of the office generating and maintaining them. The records shall then be disposed of in a manner designed to assure confidentiality.

(2) The permanent retention of student records shall be limited to records that the president or the State Archivist determine to be of long-range value to the student or the institution.

(3) Duplication of permanent student records shall be minimized. Duplicate permanent records shall be destroyed in accordance with section (4) of this rule.

(4) All duplicate copies of permanent records and all temporary student records shall be destroyed at a time to be determined and set forth in institutional rules and in a manner designed to assure confidentiality.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

DIVISION 15 DISCRIMINATION

580-015-0005

Assistance to Organizations

No institution or division shall recognize, register or otherwise provide assistance to any organization that discriminates in its membership on the basis of age, disability, national origin, race, marital status, religion, sex or sexual orientation, except that institutions or divisions may provide assistance to organizations exempted under Title IX of the Educational Amendments of 1972 from discriminating on the basis of sex in their membership policies.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 2-1988, f. & cert. ef. 3-16-88; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0010

Definition of Discrimination

For the purposes of OAR 580-015-0010 to 580-015-0160, the terms:

(1) "Discrimination" means any act that either in form or operation, and whether intended or unintended, unreasonably differentiates among persons on the basis of age, disability, national origin, race, marital status, religion, sex or sexual orientation.

(2) "Sexual harassment" means any sexual advance, any request for sexual favors or other verbal or physical conduct of a sexual nature by an OSSHE employee when:

(a) Submission to such advances, requests or conduct is made either explicitly or implicitly a term or condition of a student's employment or academic experience; or

(b) Submission to or rejection of such advances, requests or conduct by a student is used as a basis or condition for employment and/or academic decisions affecting the student; or

(c) Such conduct interferes with the work or academic performance of a student because it has created an intimidating, hostile or offensive working or academic environment for the student who is the object of the conduct and a reasonable person of that student's gender would have been affected similarly to the student.

(3) "Other prohibited harassment" means verbal or physical conduct by an OSSHE employee based on a student's age, disability, national origin, race, marital status, religion or sexual orientation when such conduct interferes with the work or academic performance of the student who is the object of the conduct because it has created an intimidating, hostile or offensive working or academic environment for the student and a reasonable person of the student's age, disability, national origin, race, marital status, religion or sexual orientation would have been affected similarly to the student.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 2-1988, f. & cert. ef. 3-16-88; HEB 11-1990(Temp), f. & cert. ef. 10-3-90; HEB 15-1990, f. & cert. ef. 11-7-90; HEB 16-1990, f. & cert. ef. 12-18-90; HEB 4-1991, f. & cert. ef. 8-15-91; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 4-1994, f. & cert. ef. 4-28-94; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0015

Discrimination Prohibited in All Higher Education Programs, Services and Interschool Activities

No person in Oregon shall be subjected to discrimination in any Department program or service, school or interschool activity where the program, service, school or activity is financed in whole or in part by monies appropriated by the Legislative Assembly of the State of Oregon. Each institution and division shall promptly adopt and publicize, and shall maintain, a procedure for redressing the grievances of persons who are subject to discrimination. OAR 580-015-0010 to 580-015-0160 do not apply to claims of discrimination in employment, promotion, tenure or termination of employment except student employment as provided in 580-015-0065(1).

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 9-1985, f. & cert. ef. 12-19-85; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0020

Appointment of Compliance Officer

The Chancellor shall appoint a compliance officer who shall be responsible directly to the Chancellor for:

(1) General oversight of Department efforts to comply with ORS 659.150 and 659.155, and for bringing to the attention of the Chancellor any needed changes in Board rules or policies relating to compliance with such statutes.

(2) Working with presidents or division heads, or their designees, as requested, in assisting institutions and divisions in the development and maintenance of effective policies and rules relating to compliance with ORS 659.150 and 659.155, and in evaluating the effectiveness of their application.

(3) Evaluating periodically the evidence as to compliance with ORS 659.150 and 659.155, and reporting such evaluations to the Chancellor, presidents and division heads concerned.

(4) Carrying other responsibilities relating to assuring compliance with ORS 659.150 and 659.155 as may be assigned by the Chancellor.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0025

Admissions

(1) No person shall, on a prohibited basis, be denied admission or be subject to discrimination in admission.

(2) Each school, department or college in any institution, that has an independent admissions process, or one supplementary to the institution admissions process, is considered an administratively separate unit for admission purposes and may not discriminate unreasonably on any of the prohibited bases (i.e., age, sex, sexual orientation, marital status, disability, national origin, race, religion).

(3) No test or other criterion for admission that unreasonably differentiates among individuals on a prohibited basis shall be used, unless the use of the test or criterion is shown to be a valid means of predicting success in the educational program, and other suitable tests or criteria not having such an adverse effect are shown to be unavailable.

(4) No preference in admission shall be given one person over another on a prohibited basis, such as by ranking individuals on a prohibited basis.

(5) Numerical limitations on the number or proportion of persons to be admitted may not be established on a prohibited basis.

(6) In making admissions decisions, an institution:

(a) Shall not apply any rule concerning marital, parental or family status of an applicant or student that treats individuals differently on a prohibited basis;

(b) Shall not consider pregnancy, childbirth, termination of pregnancy or recovery therefrom to determine eligibility for admission, unless on a case-by-case basis the health of an individual relates directly to the capacity to participate effectively in activities necessary to the program. Such determinations shall be treated no differently than other health conditions;

(c) Shall not make pre-admission inquiry as to marital status of an applicant for admission, including whether such applicant is "Miss" or "Mrs."

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 2-1988, f. & cert. ef. 3-16-88; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0030

Recruitment

(1) In recruiting students, institutions shall not unreasonably differentiate among individuals on a prohibited basis.

(2) An institution shall not recruit primarily or exclusively from schools or other educational institutions that admit students predominantly on a prohibited basis, if such actions result in discriminatory enrollment.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

580-015-0035

Educational Programs and Activities

(1) No individual shall, on a prohibited basis, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other educational program or activity operated by the institution, or, although not operated by the institution, is required of students by the institution.

(2) In providing aid, benefit, or service to students, institutions shall not discriminate on a prohibited basis, except where differential treatment is not unreasonable within the meaning of ORS 659.150 and 659.155.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-015-0040

Access to Course Offerings

There shall be no unreasonable differentiation among individuals on a prohibited basis in access to classes, courses of study or other educational programs or activities offered by the institutions, provided, however, that:

(1) Students may be grouped within physical education classes and activities by objectively measured ability. They may also be separated by sex within classes during participation in bodily contact sports. Curricula serving the particular activity needs of males or those of females may be offered, but enrollment may not be restricted on a prohibited basis.

(2) Physical education classes may use different standards for measuring skills and progress if use of a single standard would, on a prohibited basis, have an adverse effect on persons, or on the likelihood of their participation.

(3) Theater, dance, choral music and other artistic activities may differentiate participants in roles on the basis of sex if necessary to achieve specific artistic objectives.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0045

Counseling and Use of Appraisal and Counseling Materials

(1) Institutions shall neither discriminate among students on a prohibited basis in assistance rendered in making educational or career choices, or in the counseling and guidance services offered, nor among applicants for admission if such services are offered.

(2) Students or applicants for admission involved in the appraisal or counseling process shall not be differentiated on a prohibited basis by the nature of tests and materials used, except or unless differentiated materials covering the same occupations and interest areas are shown to be essential to the elimination of bias with respect to age, sex, sexual orientation, marital status, disability, national origin, race and religion.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 2-1988, f. & cert. ef. 3-16-88; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0050

Housing

Institutions offering housing facilities shall not, on a prohibited basis, unreasonably differentiate among applicants or students in housing fees charged or services or benefits offered in housing, except as provided below:

(1) Separate housing may be provided for the separate sexes.

(2) Available housing may be divided between men and women on the basis of the number of applicants for housing of each sex, provided the housing is comparable in quality and cost.

(3) Qualifications for occupancy of family housing shall be the same for married women students as for married men students, and shall be the same for single parents of either sex.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-015-0055

Comparable Facilities

(1) Separate rest rooms, change and locker rooms, showers, baths and toilet facilities, provided on the basis of sex, must be reasonably comparable in convenience and quality.

(2) Institutions and divisions should ensure reasonable access by persons with disabilities to facilities including classrooms, locker rooms, showers and rest rooms.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0060

Financial Assistance

(1) In providing financial assistance to applicants or students, institutions shall not unreasonably differentiate on a prohibited basis, except as provided below:

(a) In determining the amount or types of assistance to be granted;

(b) In limiting eligibility for assistance that is of any particular type or source;

(c) In the application of criteria.

(2) Institutions may not assist any person, organization or group in the administration of financial aid on a prohibited basis.

(3) Institutions shall comply with implementing regulations of Title IX, Educational Amendments of 1972, with respect to administration of sex-restricted scholarships and fellowships.

(4) Institutions that award athletic scholarships or grants-in-aid must ensure that reasonable opportunity exists for members of each sex to participate in intercollegiate athletics. Athletic scholarships, unlike nonathletic scholarships, may be awarded on the basis of sex, inasmuch as separate teams are permitted.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0065

Employment Assistance to Students

(1) Institutions and divisions shall assure that nondiscriminatory policies are followed in student employment. Discrimination grievances arising out of student employment shall be addressed using the procedures required by or described in OAR 580-015-0015 and 580-015-0090 through 580-015-0155.

(2) Institutions and divisions shall not assist prospective employers or agencies known by them to discriminate on a prohibited basis in their recruitment, hiring or employment practices. Placement officers and other Department personnel who assist in the recruiting and hiring of students shall take steps to inform prospective employers of the requirements of nondiscrimination under the law.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 9-1985, f. & cert. ef. 12-19-85; HEB 11-1990(Temp), f. & cert. ef. 10-3-90; HEB 15-1990, f. & cert. ef. 11-7-90; HEB 16-1990, f. & cert. ef. 12-18-90; HEB 4-1991, f. & cert. ef. 8-15-91; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0070

Health and Insurance Benefits and Services

(1) An institution or any constituents, including student groups, may not offer to students a medical, hospital or accident policy, plan, benefit or service that unreasonably discriminates on a prohibited basis.

(2) Institutions may offer a benefit or service even though it is not used by the same proportion of students of one group as of another. When full-coverage health services are provided, basic gynecological care shall be provided.

(3) Whatever limits a health service establishes as to services offered shall not differentiate unreasonably among individuals on a prohibited basis.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0075

Marital or Parental Status

(1) Any rule dealing with marital, parental or family status must be applied equally to men and women students.

(2)(a) Institutions and divisions shall not discriminate against any student, or exclude any student from an educational program or activity, including any class or extracurricular activity on the basis of such student's pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom, unless the student requests voluntarily to participate in a separate portion of the program or activity;

(b) Institutions and divisions may require the student to obtain the certification of a physician that the student is physically and emotionally able to continue participation in the normal educational program or activity so long as certification is required of all students for other physical or emotional conditions requiring the attention of a physician. In such cases, the institution may require reasonable efforts by the affected individual to secure appropriate health insurance coverage or to hold the institution harmless from consequences flowing from error or misdiagnosis on the part of the student's physician.

(3) Pregnancy, termination of pregnancy or related conditions must be treated the same as other temporary disabilities. Whatever benefits and services are available to students who are temporarily disabled, including medical services and leaves of absence, shall apply equally to pregnancy-related disabilities.

(4) Institutions and divisions may maintain, on an elective basis only, educational programs or activities specifically for pregnant students. When such programs and activities are maintained, institutions and divisions shall assure that they are comparable in quality to those offered nonpregnant students.

(5) Institutions and divisions shall consider pregnancy and pregnancy-related conditions a justification for a leave of absence for so long a period of time as is deemed medically necessary by the student's physician, at the conclusion of which the student shall be reinstated to the status that she held when the leave began.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0080

Athletics

(1) No person shall, on a prohibited basis, be excluded from participation in or be treated differently from another person, or otherwise be discriminated against in any intercollegiate, club, recreational or intramural athletics offered by the institution, except as provided below:

(a) Intercollegiate and club sports, where team selection is based on competitive skills, may have separate teams based on sex or physical disability;

(b) If only one team is offered in a noncontact sport, students may not, on a prohibited basis, be excluded from trying out;

(c) If only one team is offered in a bodily contact sport, members of the excluded sex need not be allowed to try out;

(d) Noncontact intramural and recreational sports, where team selection is not competitive, must be offered on a coeducational basis. Separate teams may be offered for contact intramural and recreational sports.

(2) Institutions shall not, in the provision of athletic opportunities, unreasonably differentiate among individuals on a prohibited basis.

(3) In assessing the total athletic opportunity provided, institutions shall be guided by regulations implementing Title IX of the Educational Amendments of 1972 and shall assess at least the following:

(a) Appropriateness of equipment and supplies;

(b) Games and practice schedules;

(c) Travel and per diem allowances;

(d) Opportunity for coaching and academic tutoring;

(e) Coaches and tutors;

(f) Locker rooms, practice and competitive facilities;

(g) Medical and training services;

(h) Housing and dining facilities and services;

(i) Publicity.

(4) Athletic expenditures need not be equal but the pattern of expenditures must not result in a disparate effect on opportunity. Institutions may not discriminate in the provision of necessary equipment, supplies, facilities, and publicity for sports programs.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0085

Textbooks and Curricular Materials

Nothing herein either prohibits or requires the use of any particular textbook or curricular materials. If, however, materials are found upon investigation to exert a discriminatory impact on the basis of age, sex, sexual orientation, marital status, disability, national origin, race or religion, the institutions and divisions shall make a reasonable effort to make available supplemental alternative nondiscriminatory materials.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 2-1988, f. & cert. ef. 3-16-88; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0090

Procedure for Reporting Discrimination

(1) Each institution and division shall make available a person to serve as a grievance counselor to assist students and others in formulating and following up complaints of alleged prohibited discrimination.

(2) Each Department institution or division shall designate a compliance officer to receive complaints of alleged noncompliance with OAR 580-015-0015. Reasonable efforts shall be made to give notice of the name, office address and telephone number of the grievance counselor and compliance officer to all applicants for and recipients of the services of each Department institution or division.

(3) All complaints shall be made to the compliance officer at the respective institution or division and shall be put into writing by the compliance officer if not submitted in writing, and signed by the complainant. The complaint shall set forth the factual basis of the alleged noncompliance within 180 days, or 365 days if the complaint alleges sexual harassment or other prohibited harassment as defined by OAR 580-015-0010(2) and (3), from the date of the alleged noncompliance.

(4) Upon receipt of the complaint, the compliance officer shall promptly deliver copies of the complaint to the president of the institution or head of the division involved and to any individual respondents, and to the Chancellor. The compliance officer shall retain a copy of the complaint in files established at the institution or division for that purpose.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 4-1994, f. & cert. ef. 4-28-94; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0095

Exemption from Reprimand or Retaliatory Action

No individual filing a complaint or otherwise participating in any of the actions authorized under OAR 580-015-0010 through 580-015-0160 shall be subject to reprimand or retaliatory action by any institution, division or employee of the Department for having participated in activities provided for under the Administrative Rules.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0100

Investigation of Complaints

(1) Within 30 days after receipt of the complaint, the institution or division shall complete such investigation of the matter as it deems necessary, order the correction of any noncompliance found to exist or to have occurred and transmit a report of the findings of its investigation and corrective action to the Chancellor, to the complainant and to the compliance officer with whom the complaint was filed.

(2) The 30-day period allowed under section (1) of this rule may be extended for not more than 30 days upon application by the institution or division and approval of the Chancellor.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

580-015-0105

Appeal to the Chancellor

(1) In the judgment of the Chancellor, whenever an institution or division fails to conduct a satisfactory investigation, fails to take appropriate corrective action or fails to make reports on complaints within the 30-day period where no extension has been granted or within the period allowed under the extension, the Chancellor shall initiate an investigation of the complaint.

(2) Whenever the complainant is not satisfied with the report, or if no report is made within the time allotted, the complainant may request in writing that a hearing be held on the complaint. The request shall state the reasons for dissatisfaction. The request shall be filed with the compliance officer who shall forward a copy promptly to the Chancellor. On receipt of the request, the Chancellor may order the hearing; provided, however, that the Chancellor may review the report and other information presented and then may order that no hearing be held and declare that the action of the institution is satisfactory. The Chancellor's order shall be final.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-015-0110

Appointment of Hearing Officer

The hearing shall be conducted by a hearing officer appointed by the Chancellor.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-015-0115

Notice of Hearing: Time and Place

The hearing officer conducting the hearing shall set a hearing date not more than ten days after receipt of the request for a hearing. The hearing shall be conducted at the institution or division at which the complaint was made. Written notice of the time and place of the hearing shall be given to the complainant and the respondent institution or division at least ten days prior to the date set for the hearing. The hearing officer may postpone the hearing for valid and sufficient cause, with notice to all parties. The hearing officer shall not permit unnecessary delay.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0120

Written Statement of Case

Not less than five days before the date set for the hearing, the respondent institution or division may file with the hearing officer such written statement of its case as it elects to file and shall file a copy of the report of its investigation and action. A copy of any written statement and report of the investigation and action shall be provided the complainant at the same time they are provided to the hearing officer.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0125

Open Hearings

The hearing shall be open to the public, except when materials are considered that are not public records.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

580-015-0130

Conduct of Hearing

(1) A tape recording or other verbatim record of the hearing shall be taken and maintained.

(2) The testimony of witnesses, on oath or affirmation, and other evidence concerning any disputed facts shall be received by the hearing officer. The hearing officer shall exclude irrelevant, immaterial or unduly repetitious evidence, but shall accept all other evidence of a type commonly relied on by reasonably prudent persons in conduct of their serious affairs.

(3) The hearing officer shall encourage stipulations of undisputed facts, and may seek to conciliate the dispute either before or after the hearing.

(4) The hearing officer shall make findings of fact according to the preponderance of evidence.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0135

Presentation of Evidence

The complainant shall have the responsibility of producing satisfactory evidence of respondent's noncompliance with OAR 580-015-0015. Both the complainant and the respondent shall have the right to appear and to participate in the hearing, to present relevant evidence to the hearing officer, to cross-examine witnesses and to submit rebuttal evidence.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0140

Position Summaries

At the conclusion of the testimony, the hearing officer may permit each party to make a summation; if this privilege is extended to one side, it must be extended to the other side. The hearing officer may request the timely submission of written summations.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-015-0145

Findings and Recommendations

(1) The hearing officer shall make explicit findings of fact respecting the alleged noncompliance of the respondent institution or division. The findings shall be based on the hearing record.

(2) If the hearing officer finds that noncompliance has occurred, the hearing officer shall formulate a curative recommendation for compliance.

(3) In formulating the curative recommendation, the hearing officer shall consider the willingness and ability of the respondent to eliminate the noncompliance and any other factors relevant to the particular case.

(4) The hearing officer shall submit findings of fact, conclusions and curative recommendation to the Chancellor, the complainant, the respondent institution or division and the Director of Affirmative Action for the State of Oregon.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0150

Order by Chancellor

(1) The Chancellor may accept, modify or reject the findings of the hearing officer, and shall issue an order containing any findings of fact based on the hearing or on investigation by the Chancellor under OAR 580-015-0105 and the action necessary for compliance, if the institution or division is found in noncompliance. The order shall be issued no more than 15 days after completion of the hearing and copies shall be given promptly to the respondent, to the complainant, and to the compliance officer of the affected institution or division.

(2) If the Chancellor believes sanctions should be imposed against any individual in addition to action necessary for compliance, the Chancellor shall notify the head of the institution or division, stating the reasons. Any proceedings thereafter taken against any individual pursuant to this paragraph shall be according to Administrative Rules of the Board or rules of the institution or division, as appropriate.

(3) If requested, the hearing record shall be put into writing and shall be made available to the complainant and the respondent institution or division for copying, or copies thereof shall be made for them. The cost of reducing the record to writing, and of the making of copies thereof, shall be borne by the party so requesting.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0155

Sanctions Against Institution or Other Division

(1) If, based on the Chancellor's own investigation of alleged noncompliance or as a result of the Chancellor's examination of the findings of fact of the hearing officer, the Chancellor concludes that any institution or division has violated OAR 580-015-005, that the institution or division has a record of noncompliance, that the magnitude and effect of the institution or division's noncompliance is sufficient to warrant monetary sanctions or that there is an unwillingness of the institution or division to comply with OAR 580-015-0015, or any combination of these conclusions, the Chancellor may impose a monetary sanction against the institution or division.

(2) A monetary sanction imposed under this rule shall not exceed the amount of legislatively appropriated funds received by the institution or division against which it is assessed. No monetary sanction in excess of $10,000 shall be assessed without approval of the Board.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0160

Requirement of Prompt Attention to Complaints

It is the desire and direction of the Board that, in carrying out the duties imposed on them by OAR 580-015-0010 to 580-015-0155, the Chancellor, presidents, division heads, compliance officers, hearing officers and other personnel shall give high priority to the performance of such duties and shall proceed as expeditiously as possible to ascertain whether discrimination exists and to take curative measures.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-015-0165

Students Unable Because of Religious Beliefs to Attend Classes on Certain Days

Any student who, because of religious beliefs, is unable to attend classes on a particular day shall be excused from attendance requirements and from any examination or other assignment on that day. The student shall make up the examination or other assignment missed because of the absence.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

DIVISION 19 STANDARDS FOR STUDENT AND EMPLOYEE PROGRAMS

580-019-0001

Minimum Standards for Institutional Drug and Alcohol Treatment Programs

(1) Each institution shall have in place a comprehensive drug and alcohol abuse policy and implementation plan that shall contain:

(a) A statement of institutional philosophy regarding illegal use and abuse of alcohol and drugs;

(b) All policies related to on-campus use of alcohol and illegal drugs by employees and students and their interrelation;

(c) A list of curricular offerings related to drug and alcohol abuse;

(d) A description of programs designed to deal with student alcohol and drug abuse including implementation plans for any programs not currently in place, specifically identifying:

(A) Education and prevention programs;

(B) Treatment or referral programs.

(e) A description of programs designed to deal with employee alcohol and drug abuse including implementation plans for any programs not currently in place, specifically identifying:

(A) Education and prevention programs;

(B) Treatment or referral programs.

(f) A strategy for dissemination of the institution's philosophy statement, policies and information regarding the institution's programs related to drug and alcohol abuse education, prevention, and treatment or referral.

(2) Institutions shall review the plans required in section (1) of this rule biennially and update them to reflect changing needs.

Hist.: HEB 6-1990, f. & cert. ef. 6-4-90; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

DIVISION 20 ACADEMIC CLASSIFICATION AND COMPENSATION

Classification

580-020-0005

Academic Rank

(1) Academic titles shall consist of graduate and faculty ranks.

Graduate ranks are GRADUATE TEACHING ASSISTANT, GRADUATE RESEARCH ASSISTANT, and FELLOW. Faculty titles and ranks are (in alphabetical order): AFFILIATED FACULTY, CLINICAL PROFESSOR (assistant clinical professor, associate clinical professor, clinical professor) or PROFESSOR OF PRACTICE (assistant professor of practice, associate professor of practice, professor of practice), INSTRUCTOR (instructor, senior instructor I, senior instructor II), LECTURER (lecturer, senior lecturer I, senior lecturer II), LIBRARIAN (assistant librarian, associate librarian, senior librarian), RESEARCH ASSISTANT (research assistant, senior research assistant I, senior research assistant II), RESEARCH ASSOCIATE (research associate, senior research associate I, senior research associate II), RESEARCH FACULTY (research assistant professor, research associate professor, research professor), TENURE TRACK OR TENURED FACULTY (assistant professor, associate professor, professor, distinguished professor). Faculty titles will not be given to graduate students.

(2) Each institution can select from among these ranks and titles those appropriate to the hiring and retention of their faculty members as it relates to their institutional mission.

(3) The following definitions shall govern the use of faculty tiles and rank:

(a) AFFILIATED FACULTY: A NTTF (Non-Tenure Track Faculty) appointment for individuals who do not receive monetary compensation by the institution for which services are rendered. They can be unpaid invited guests for a temporary length of time or individuals who on a consistent basis lend their expertise and/or collaborate on teaching and research. Affiliate status is approved for a specified length of time and must be renewed should the association continue. Associated ranks are at the discretion of the institution.

(b) CLINICAL FACULTY OR PROFESSOR OF PRACTICES: A NTTF (Non-Tenure Track Faculty) appointment for individuals with primary duties in the area of clinical instruction or professionally related community education/service. Clinical faculty or professor of practice members are licensed or certified professionals, or individuals in professional fields. The major responsibility involves the education of students/learners in academic and clinical settings, supervising clinical experiences, and/or engaging in professionally related community service. Scholarly activity may or may not be required. Ranks in this category in ascending order are assistant clinical professor, associate clinical professor, and clinical professor; or assistant professor of practice, associate professor of practice, and professor of practice.

(c) INSTRUCTOR: A NTTF (Non-Tenure Track Faculty) appointment for individuals with unclassified instructional appointments whose functions are devoted exclusively or primarily to undergraduate instruction. Such appointments include advising and mentoring expectations congruent with creative and engaged undergraduate instruction, including the possibility of involvement in design and development of courses and the curriculum. Ranks in this category in ascending order are instructor, senior instructor I, senior instructor II.

(d) LECTURER: A NTTF (Non-Tenure Track Faculty) appointment for individuals with unclassified instructional appointments whose functions may include significant responsibilities for graduate level instruction. The appointment may also include upper division undergraduate instruction. Such appointments must include significant mentoring and advising responsibilities and a significant measure of responsibility for graduate education. Appointments in the lecturer series will always require the terminal degree (or its professional equivalent for certain adjunct appointments), but the holding of a terminal degree in itself does not constitute an argument for appointment in the lecturer series. Ranks in this category in ascending order are lecturer, senior lecturer I, senior lecturer II.

(e) LIBRARIAN: A ranked appointment that depends on a terminal professional degree in librarianship (typically, a Masters in Library or Information Science) or a position-relevant terminal professional/academic degree plus appropriate experience. Such degree requirements ensure proper professional training, but also provide the flexibility to open appointments to a broader range of qualified applicants. Ranks in this category in ascending order are assistant librarian, associate librarian, and senior librarian. A university may elect to consider the librarian series to be eligible for tenure or to be tenured ranks with privileges and may also choose to use the tenure-track and tenured faculty titles.

(f) RESEARCH ASSISTANT: A NTTF (Non-Tenure Track Faculty) appointment for individuals who have typically earned a bachelor’s or master’s degree and conduct research under the direction of a tenure-related faculty member, a research associate or a research faculty. Ranks in this category in ascending order are research assistant, senior research assistant I, senior research assistant II.

(g) RESEARCH ASSOCIATE: A NTTF (Non-Tenure Track Faculty) appointment for individuals who have typically earned doctoral degree (or an advanced or professional degree in the field typically the terminal degree, plus appropriate experience) and conduct research independently. Ranks in this category in ascending order are research associate, senior research associate I, senior research associate II.

(h) RESEARCH FACULTY: A NTTF (Non-Tenure Track Faculty) appointment for individuals who are primarily engaged in research at a level normally appropriate for a professorial rank. Ranks in this category in ascending order are research assistant professor, research associate professor, and research professor.

(i) TENURE-TRACK AND TENURED FACULTY. A faculty position assigned to an academic department wherein the incumbent holds academic rank and is eligible for tenure or is tenured. Ranks in this category in ascending order are assistant professor, associate professor, and professor. The rank of distinguished professor may be bestowed based on criteria established by a university.

(4) The terms “affiliate,” "adjunct," "visiting," “fellow,” “emeriti,” or other appropriate terms may be used and/or added to academic title and/or ranks in those cases in which the institution wishes 1) to draw upon the skills of certain persons in the community or in other educational, industrial or governmental institutions for help in carrying forward teaching, research or service commitments (e.g., doctors, dentists, lawyers, psychiatrists, professors or administrators at other academic or governmental institutions, public school teachers or administrators), 2) where the appointment is planned for a limited duration, or 3) as an honorific title.

(5) Academic title can be assigned to staff members in unclassified academic service, whether the type of service is teaching, research, extension, administration or other service. Deans, vice presidents, presidents, Chancellor and vice chancellors may have the academic rank of professor as determined by each institution’s criteria.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 9-1979, f. & ef. 8-22-79; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96; OUS 1-2012, f. & cert. ef. 1-12-12; OUS 7-2012, f. & cert. ef. 6-18-12

580-020-0006

Definition of Unclassified Service

Unclassified service includes positions that do not meet the criteria for academic faculty but which, based on professional job requirements and responsibilities:

(1) Are exempt from the provisions of the Public Employee Collective Bargaining Act (PECBA), ORS 243.650-243.782; however, not all positions in unclassified service are exempt from PECBA, or

(2) Share a community of interest with academic faculty, and

(a) Include academic research, public service, or instruction, or

(b) Exercise discretion in establishing policy, or

(c) Require education and training comparable to academic faculty, or

(d) Have administrative decision-making responsibilities beyond office clerical duties. Examples of positions that may meet the criteria listed above include, but are not limited to:

(1) Chancellor, Chancellor's cabinet;

(2) Presidents, president's cabinet;

(3) Provosts, vice provosts, associate vice provosts, and assistant vice provosts;

(4) Vice presidents and associate vice presidents;

(5) Deans and associate deans;

(6) Directors and associate directors of academic, administrative, and service units;

(7) Controllers and budget officers;

(8) Registrars and associate registrars;

(9) Legal counsel and attorneys;

(10) Athletic directors and associate athletic directors;

(11) Executive and other special assistants to each of the positions listed in numbers one through ten (above), providing that the executive or other special assistant positions otherwise meet the criteria for unclassified service (stated above);

(12) Assistant vice presidents, assistant deans, department heads/chairs, assistant directors, managers, and assistant registrars where positions require specialized/degree education and training;

(13) Librarians, archivists, and museum or collection curators where positions require specialized/degree education and training or where responsibilities include academic research or instruction but does not include positions having primarily clerical responsibilities;

(14) Advisors and counselors, including academic, financial aid, admissions, career, residential life, and athletic, where positions require specialized/degree education and training;

(15) Assistant athletic directors, athletic coaches, assistant athletic coaches, athletic trainers, assistant athletic trainers, and athletic eligibility and compliance officers where positions require specialized/degree education and training;

(16) Interpreters;

(17) Development and advancement officers where positions require specialized/ degree education and training;

(18) Physicians, psychologists, and clinical counselors where positions require specialized/degree education and training;

(19) General managers, directors, producers, and announcers of state radio and television service;

(20) Managers, directors and administrators of student affairs functions, where positions require specialized/degree education and training.

Hist.: OSSHE 3-2003(Temp), f. & cert. ef. 12-1-03 thru 5-21-04; OSSHE 2-2004, f. & cert. ef. 4-8-04

Compensation

580-020-0010

Compensation Plan for Academic Staff

(1) Pursuant to state law, the principles of a compensation plan are established for the academic staff as set out below. Pay ranges shall be established for the various academic ranks with due consideration given to relative responsibilities of each rank, prevailing rates of pay in other universities, colleges, and elsewhere for similar responsibilities, availability of a competent professional staff, living costs and other pertinent information.

(2) Minimum and maximum rates and such intermediate rates considered necessary and equitable shall be established for the various academic ranks and positions, provided, however, that exceptions may be allowed as circumstances require. Normally the established minimum pay rate for a rank shall be paid upon appointment. It is permissible in the interest of the state to make an appointment above or below the minimum rate for the academic rank. Similarly, the salary of an individual may be above or below the prescribed normal maximum for the academic rank. Normally, academic staff members shall be paid at one of the rates set forth in the pay ranges, subject to availability of funds and the exception noted above.

(3) Salary increases are not automatic. Increases shall be recommended only for staff members demonstrating high standards of work performance. Increases shall normally be effective beginning with the fiscal year following completion of one year's service.

(4) Implementation and amendments to the plan shall be based on recommendation of the Chancellor after consultation with the presidents and division heads.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-020-0015

Compensation Plan for Classified Staff

Compensation of classified employees including fringe benefits and other conditions and terms of employment shall be according to the rates and regulations in the state compensation plan, or by collective bargaining agreement, as appropriate.

Hist.: HEB 3-1978, f. & ef. 6-5-78

580-020-0025

Additional Pay to Full-Time Staff

Institutions and divisions are authorized to provide payment in addition to regular salaries when, at the request of the home institution or division or another Department institution or division, a staff member provides substantial service over and above the regular services expected.

Hist.: HEB 3-1978, f. & ef. 6-5-78

580-020-0030

Perquisites

When employees receive perquisites, such as living quarters or meals, in addition to cash salary, proper notation thereof shall be made on the salary budget together with an explanation showing items allowed and the value thereof. Granting of perquisites to employees on a wage or salary basis requires the approval of the president of the institution or head of the division concerned at the beginning of each fiscal year.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

580-020-0040

Contribution to Pension Plan

The Board of Higher Education designates the contribution required of employees to a retirement plan to be an "employer contribution" as defined by 26 USC §414(h)(2). Employees may not receive this amount to make the contribution directly. Employees' gross salary will be reduced by the contributed amount prior to reporting for tax purposes.

[Publications: The publications referenced to in this rule is available from OSU.]

Hist.: HEB 2-1995, f. 5-3-95, cert. ef. 7-1-95

580-020-0050

OSSHE Tax Deferred Investment Program Participation Fee

The Chancellor, or designee, may enter into written agreements with faculty and staff employed by the State Board of Higher Education, and with one or more insurance companies and mutual funds, to provide tax deferred investment opportunities to faculty and staff as provided by ORS 243.810 – 243.830. The Chancellor, or designee, may, as a condition to entering into such agreements or continuing such agreements, require faculty and staff participants to pay annually an administrative fee for the costs of administrating the program. The administrative fee shall be based on an amount not to exceed the amount needed to administer the program.

Hist.: HEB 3-1992, f. & cert. ef. 2-19-92

580-020-0100

Human Resources System

(1) The Vice Chancellor for Finance and Administration, or designee, shall develop,implement and maintain a human resources system for nonacademic employees to include:

(a) A job evaluation system for positions within the State System of Higher Education;

(b) A plan for compensating employees consistent with the job evaluation system; and

(c) Policies for employees not covered by collective bargaining agreements relating to leave, lay-offs, terminations, grievances and other terms of employment.

(2) Each institution is responsible for evaluating jobs and allocating them according to the job evaluation system and assuring that employee compensation is in accordance with the compensation plan.

(3) The Vice Chancellor for Finance and Administration, or designee, shall engage in collective bargaining with any certified or recognized exclusive employee representative.

(4) Each institution shall develop, implement and maintain recruitment and selection methods designed to achieve a qualified and diverse workforce.

(5) Until the Vice Chancellor for Finance and Administration, or designee, and the institutions implement internal management directives or policies for job evaluation, compensation, recruitment, terms of employment and position management, the rules and procedures established by the Department of Administrative Services, under ORS Chapter 240 as they existed on the effective date of 1995 Oregon Laws, Chapter 612 (July 1, 1995), shall apply to the Oregon State System of Higher Education.

Hist.: HEB 2-1996, f. & cert. ef. 2-22-96; HEB 5-1996, f. & cert. ef. 12-18-96

DIVISION 21 CONDITIONS OF SERVICE

580-021-0005

Appointment Procedures

(1) Each person to be appointed or reappointed as a member of the faculty shall be sent written notification of appointment and conditions and terms thereof for each period of employment. The notification shall be signed by the president or, for noninstitutional personnel, by the Chancellor or a designee. All appointments for a period in excess of one year must be authorized by the Chancellor.

(2) The notice of appointment shall include, but not be limited to, the following:

(a) Effective date of appointment;

(b) Description of position offered (including references to any unusual duties);

(c) Academic rank and title offered;

(d) Duration of appointment;

(e) Tenure status, including the nature of any restrictions on eligibility for tenure (e.g., limited term or temporary appointments or appointments funded by grant funds beyond institutional control);

(f) Compensation;

(g) Other conditions of employment.

(3) The faculty member shall be provided written information concerning duties, responsibilities and institutional expectations. Such written information shall be provided with the initial notice of appointment and whenever significant changes occur. The written information shall include:

(a) Specific expectations relating to the particular position;

(b) General institutional expectations as to professional standards, obligations and responsibilities to be met by faculty members, including but not limited to the following:

(A) Criteria to be used in evaluating the faculty member in connection with renewal of appointment, promotion, tenure (if faculty member does not have indefinite tenure) and post-tenure review (if the faculty member has indefinite tenure);

(B) Procedures to be used in application of the evaluative criteria, including identification of officers responsible for accumulating the information and data necessary to the evaluation, making the evaluation, counseling with the faculty member concerning performance and areas of desirable improvement and such additional information as is necessary to outline clearly the procedures to be used;

(C) Kinds of information that will be gathered by the institution as the basis for evaluating the faculty member;

(D) A reference to Board and institutional rules relating to faculty records;

(E) The nature of the institutional staff career support program, with specific reference to institutional assistance available to assist the faculty member in improving teaching and other scholarly activities;

(F) A reference to the agreement required by 580-021-0110 concerning the extent to which prior experience will be credited as a part of the probationary period of employment;

(G) A reference to any exceptions agreed to as provided in 580-021-0130.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0006

Affirmative Action Goals: Employment

(1) Each institution president shall establish affirmative action goals and procedures for the purpose of increasing the proportion and effective utilization of minorities and women employed in administrative, technical and faculty positions in programs and departments where minorities or women are underrepresented.

(2) For purposes of this rule, "minorities" refers to Black African Americans, Hispanic Americans, Asian/Pacific-Island Americans and American Indians/Alaskan Natives.

(3) The goals and procedures established under this rule shall be reviewed by the institution president for adequacy and effectiveness at the end of each biennium and modified accordingly. A report of this biennial review shall be submitted to the Chancellor.

Hist.: HEB 8-1986, f. & cert. ef. 3-19-86; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0010

Consultative Procedures

The president shall establish written procedures through which faculty, department heads and deans shall have the opportunity for effective participation in deliberations leading to recommendations for appointment, reappointment, tenure or promotion of faculty. The procedures established shall also provide for consideration of information from other appropriate sources, including, but not limited to, student evaluations of faculty.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0015

Terms of Service of Faculty

(1) Academic staff may be appointed on the academic-year basis, the fiscal-year basis or on such other basis as may be arranged in individual cases.

(2) An academic year is normally the three-term period of service extending from September 16 of one calendar year through June 15 of the next calendar year, or for a comparable period of service within the fiscal year, whichever best serves the particular type of work involved, as may be required by the president. Nothing in this regulation shall be construed to prevent a staff member employed on an academic-year basis from being employed during the remainder of the fiscal year, in the summer sessions or in other service for any of the institutions, provided responsibilities for the regular academic year have been fulfilled to the satisfaction of the department head and the dean or director of the division.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0020

Working Hours

The varied nature of the work of faculty members whose duties are administrative, instructional, research or extension makes it impractical to define the exact number of working hours. All such faculty members are required to give the institution their undivided efforts. Determination of time of service is the responsibility of the president. However, this provision shall not apply to Department employees who are subject to state or federal overtime compensation requirements.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0025

Outside Employment and Activities; Conflict of Interest

(1) No full-time employee of the Department or of any of the institutions or divisions shall engage in any outside employment that substantially interferes with duties. See also IMD 4.005 and 4.010, Board and Institution Policy on Outside Activities and Related Compensation.

(2) Institution employees shall provide written reports to their president regarding potential conflicts of interest as defined under ORS 244.020(8). Other Department employees shall provide the same reports to the Chancellor. Complaints by any person regarding potential conflicts of interest may be referred for investigation to the president, Chancellor or Director of Internal Audit who shall investigate the complaint.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 6-1991, f. & cert. ef. 10-9-91; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0026

Participation in a Voluntary FTE Reduction Program

During the period that any employee participates in a voluntary FTE reduction program authorized by OUS, leave accruals and other benefits administered under this division will be calculated based upon the employee’s FTE immediately prior to program participation and will not be reduced to reflect the reduction in FTE caused by the employee’s participation in the program.

Hist.: OSSHE 8-2009, f. & cert. ef. 10-12-09

580-021-0028

Fellowship Leave

(1) A fellowship leave is leave available to faculty who have received certain fellowships that support research, writing, advanced study or travel related to scholarly or professional activities, including, but not limited to, Fulbright, NEA, NEH, Guggenheim, or other comparable federal or private fellowships, payable only to the faculty member.

(2) Any unclassified employee appointed at .5 FTE or more may be granted a fellowship leave upon approval of an institution president or designee. In addition, an institution president or designee may authorize continuation of institutional health care coverage and payment of employer contribution toward health care or other personnel expenses during a fellowship leave.

(3) Each faculty member, in applying for a fellowship leave, shall sign an agreement to return to the institution for a period of at least one year's service on completion of the leave. If the faculty member fails to fulfill this obligation, the faculty member shall repay the full cost of benefits paid by the institution during the leave. This amount is due and payable three months following the date designated in the institution's fellowship leave agreement for the faculty member to return to the institution.

Hist.: OSSHE 5-1999(Temp), f. & cert. ef. 9-24-99 thru 3-17-00; OSSHE 1-2000, f. & cert. ef. 2-23-00

580-021-0029

Career Development Leave

Career development leave is available to unclassified, faculty, and classified employees of Oregon University System institutions as leave without pay, subject to the approval of the employing institution.

Hist.: OSSHE 3-2005(Temp), f. & cert. ef. 3-14-05 thru 9-6-05; OSSHE 4-2005, f. & cert. ef. 8-24-05

580-021-0030

Vacations

(1) Eligibility. Vacation means absence from work permitting rest and recreation for a specified period of time during which regular compensation continues. Unclassified employees gain vacation privileges only if employed at .50 FTE or more on a 12-month appointment.

(2) Computation. Eligible unclassified employees accrue vacation on a monthly basis, beginning the first of the month following date of hire or on the first of the month if an employee is hired the first working day of the month. Vacation accrues on the last day of the month and is available for use the first day of the next month subject to the restrictions in section (3) of this rule. A 9-month employee appointed to a 12-month contract may receive credit for the previous 9-month contract, on a pro-rata basis. Eligible employees with a 12-month, 1.0 FTE contract accrue 15 hours of vacation per month; eligible employees on a .50 FTE or more contract accrue vacation in proportion to their FTE. An employee who terminates OUS employment before completing the 6-month wait period receives no vacation, and is not entitled to compensation for vacation accrued. On February 28, 1998, eligible employees shall be credited with vacation leave on a pro-rata basis at a rate of 14.67 hours per month as if monthly accrual had begun on their last vacation anniversary date or, for those employed fewer than 11 months, on their date of hire.

(3) Wait Period and Maximum Balance. Vacation accrual is available to the unclassified employee for use six months after vacation accrual begins. Until September 1, 1999, there will be no maximum on the amount of vacation leave that an employee can accrue. However, effective September 1, 1999, no employee may accrue in excess of 260 hours, and any accrued vacation leave in excess of this cap will be forfeited.

(4) Transfer.

(a) Inter-institutional/Unclassified to Unclassified. If an eligible unclassified employee transfers to another unclassified position within the Department and remains eligible for vacation accrual, the employee shall transfer all accrued vacation leave to the new position. However, if there is a break in service for more than 30 days, all accrued vacation pay will be paid off by the sending institution and the employee will be considered a new hire in the position. Moving from position to position within the same institution shall not be considered a transfer or a break in service for purposes of this rule.

(b) For purposes of this Rule, OHSU shall be considered an institution within the Department whereby an OHSU unclassified employee who "transfers to unclassified position within the Department and remains eligible for vacation accrual," may, subject to approval by the receiving department or institution, transfer all accrued vacation time from OHSU to an institution within the Department; upon such a transfer, the vacation benefits of a former OHSU employee shall be administered in accordance with 580-021-0030.

(c) Classified to Unclassified Appointment. If a classified employee of the Department receives an unclassified appointment within the Department and is eligible for vacation leave, the employee may bring up to 80 hours of accrued vacation leave; the receiving department or institution may accept up to 250 hours maximum. The former classified employee shall receive cash compensation from the sending department or institution for any remaining accrued vacation leave. The former classified employee may use accrued vacation without serving a 6 month wait period.

(5) The accrual of vacation leave is reduced on a pro-rata basis for the period of leave without pay, sabbatical leave, and educational leave. Vacation leave is accrued during other periods of paid leave.

(6) Payment for Accrued Vacation Leave. Unclassified employees are not entitled to payment for unused vacation leave except upon termination of employment or upon transfer within the Department to another unclassified position not eligible for vacation benefits. Unclassified employees who transfer to a classified position within State of Oregon employment are subject to applicable OUS rules or collective bargaining agreements governing payment for accrued vacation. The maximum number of hours that can be paid upon termination or transfer is 180 hours.

(7) Scheduling and Use of Vacation Leaves. Vacation leaves are scheduled with the approval of the employee's supervisor and should be planned cooperatively with the employee. Vacation leave should be scheduled in such a manner as to minimize disruption to the organization. Supervisors must be reasonable in allowing the use of vacation leave and may not unreasonably deny vacation requests where the result would be the forfeiture of accrued vacation. For purposes of calculation, one normal work day is the equivalent of eight hours of vacation leave for a full-time employee.

(8) Record Keeping. Each institution is responsible for maintaining the individual records of vacation accrual and use.

(9) Vacation Donation. The transfer of vacation time, for use by another employee, classified or unclassified, is not permitted.

(10) Vacation Borrowing. Employees are not permitted to borrow against vacation that is not yet accrued. (Section 12, relating to interim provisions for employees moving from Management Service to Unclassified Service, was repealed December 1, 1999.)

(11) Notwithstanding section (6) of this rule, from the period December 1, 2013 through June 30, 2015, unclassified employees of the Office of the Chancellor, upon termination or transfer as described in this rule, may receive cash payment for up to 260 hours of accrued vacation leave.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 11-1984, f. & ef. 11-9-84; HEB 10-1990, f. & cert. ef. 7-26-90; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 4-1996, f. & cert. ef. 10-24-96; HEB 5-1996, f. & cert. ef. 12-18-96; OSSHE 2-1998, f. & cert. ef. 2-25-98; OSSHE 7-2001(Temp), f. & cert. ef. 12-5-01 thru 5-1-02; OSSHE 2-2002, f. & cert. ef. 5-1-02; OUS 8-2013(Temp), f. & cert. ef. 11-20-13 thru 3-13-14; Administrative correction, 3-18-14; OUS 1-2014, f. & cert. ef. 3-21-14

580-021-0035

Absence Due to Illness

Reassignment of the work of a staff member incapacitated by illness over a period longer than one month must have the approval of the president or division head.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

580-021-0040

Sick Leave Plan for Academic Personnel

(1) Eligibility. All full-time academic staff will be credited with eight hours of sick leave for each full month of service, or two hours for each full week of service less than one month. Part-time academic staff employed .50 FTE appointment or more will be credited pro rata amount. Graduate assistants are not eligible to accrue or to use sick leave. An academic staff member whose appointment is less than .50 FTE is not eligible to accrue sick leave, but is eligible to use a prorate of sick leave accrued but unused while previously employed .50 FTE or more. In addition, sick leave is not earned or used during sabbatical leave, educational leave or leave without pay. Sick leave credit shall be earned during sick leave with pay and during other periods of paid leave. There is no limit on the amount of sick leave that may be accrued.

(2) Earned Sick Leave Use. Academic staff who have earned sick leave credits must use the credits for any period of absence from service that is due to the employee's illness, injury, disability resulting from pregnancy, necessity for medical or dental care, exposure to contagious disease or attendance upon members of the employee's immediate family (employee's parents, spouse, children, brother, sister, grandmother, grandfather, son-in-law, daughter-in-law or another member of the immediate household) where employee's presence is required because of illness or death in the immediate family of the academic staff member or the academic staff member's spouse. As an alternative, the academic staff member can request to be on sick leave without pay. The institution may require a physician's certificate to support the sick leave claim for any absence in excess of 15 consecutive calendar days or for recurring sick leave use. The institution may require a physician's certificate before allowing return to work to certify that the return would not be detrimental to the academic staff member or to others.

(3) Recordkeeping. At the time and in the manner prescribed by the Chancellor, each academic staff member covered by these provisions shall certify to the officer designated the amount of sick leave earned and the amount of sick leave with pay used. Sick leave records will be maintained in an appropriate file at the institution.

(4) Sick Leave Without Pay. The institutional president or designee may grant sick leave without pay for up to one year when the academic staff member has used all accrued sick leave with pay. The academic staff member must submit a written request for leave and shall be required to submit a physician's certificate. Extensions beyond one year may be granted on a year-by-year basis.

(5) Unearned Sick Leave Advance. The purpose of this section is to provide salary continuance for up to 90 calendar days of absence due to illness through a combination of accrued and advance sick leave. Each full-time academic staff member is entitled to receive a sick-leave-with-pay advance as needed to provide the difference between sick leave earned as of the onset of the illness or injury and 520 hours; part-time staff are eligible to receive a sick-leave-with-pay advance proportional to FTE to provide the difference between sick leave earned as of the onset of the illness or injury and a prorate of 520 hours. As sick leave is earned, the amount shall replace any sick leave advanced until all advanced time is replaced with earned time. No more than a 520-hour sick leave advance is available during a seven-year period that begins with the first sick leave advance. More than one sick leave advance is possible as long as the total advance does not exceed 520 hours during a seven-year period. Sick leave that may have been advanced, but unused, cannot be considered for purposes of computing retirement benefits. Academic staff on fixed term appointment cannot receive an advance that extends beyond the end date of the fixed term appointment except upon written approval of the institution president or designee.

(6) Transfer and Termination. An academic staff member is entitled to transfer in unused sick leave earned with any other agency of the State of Oregon including sick leave earned in the classified service provided the break in service upon transfer does not exceed two years. An academic staff member who leaves employment with the State of Oregon and then returns is entitled to reinstate the previous unused, accrued sick leave. An academic staff member who terminates employment is not entitled to compensation for unused sick leave except in the calculation of the Public Employees' Retirement System (PERS) retirement benefit as provided in ORS 237.153. As used in this subsection, and for these purposes only, the term "any other agency of the State of Oregon" shall include and apply to the Oregon Health & Science University (OHSU).

(7) Summer Appointments. Regular nine-month academic staff employed half-time or more to teach summer session or to work on summer wage appointments are eligible to accrue and to use sick leave during the period of such appointment. Regular nine-month staff employed less than half-time during summer session are not eligible to accrue sick leave, but are eligible to use a prorate of sick leave earned but unused while previously eligible to accrue leave. Other summer session teaching staff hired only to teach summer session are not eligible to accrue or to use sick leave.

(8) Workers' Compensation Integration. The purpose of this section is to insure that an academic staff member who receives a workers' compensation payment for lost time resulting from a compensable job-related illness or injury and salary paid for the same period of time does not exceed the academic staff member's regular salary for that period, and that paid leave is not charged for the payment received from workers' compensation:

(a) Salary paid for a period of sick leave that is taken as the result of a job-related illness or injury compensable under workers' compensation shall be equal to the difference between the worker's compensation benefit for lost time and the academic staff member's regular salary for the period for which the benefit is being paid. An academic staff member who is receiving workers' compensation time loss benefits can choose to use a prorated amount of accrued sick leave or a prorated amount of other accrued paid leave or sick leave without pay. Should an academic staff member elect to use other accrued paid leave for this purpose, instead of sick leave, the salary paid for this period shall be the difference between the workers' compensation benefit paid for lost time and the academic staff member's regular salary for the period for which the benefit is being paid. In such instances prorated charges will be made against the accrued paid leave;

(b) An academic staff member is not entitled to keep both salary, including paid leave, and workers' compensation benefits if the total exceeds the employee's regular salary. Each institution is responsible for coordinating the proration of salary, including sick leave or other paid leave, with workers' compensation lost time benefits. The institution is entitled and is responsible to recover any salary overpayment that may have occurred. An academic staff member who receives a regular salary payment and a workers' compensation lost time benefit payment shall immediately notify the institutional payroll or other designated officer of such overpayment and shall return promptly to the institution the amount of the salary overpayment. The institution shall recover the amount of salary overpayment through payroll deduction or by cash payment according to existing institutional procedures.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 6-1984, f. & cert. ef. 7-16-84; HEB 2-1985, f. & cert. ef. 3-4-85; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96; OSSHE 6-2001(Temp), f. & cert. ef. 12-5-01 thru 5-1-02; OSSHE 3-2002, f. & cert. ef. 5-1-02

580-021-0041

Transfer of Accumulated, Unused Sick Leave

(1) OUS academic and administrative unclassified staff may transfer unused accumulated leave balances between the OUS and state agencies, subject to sick leave transfer provisions in (3) and (4), and applicable collective bargaining agreements.

(2) For purposes of this rule, a "state agency" includes all state agencies in the executive, judicial, or legislative departments of the State of Oregon. Special government bodies, including community colleges, school districts, education service districts, are not considered state agencies for purposes of this rule. Local government public employers other than state agencies are likewise ineligible to transfer unused leave to or from the OUS.

(3) Assumption of Funding Liability. Hiring agencies and departments assume funding liability for sick leave transferred under the provisions of this rule.

(4) Sick Leave. The full amount of accumulated, unused sick leave available at the time an employee separates from service may be transferred to an OUS institution or state agency when the employee is hired. Unearned, advanced sick leave that results in a negative sick leave balance is neither transferred nor accepted by OUS institutions.

(a) Accumulated, unused state agency sick leave earned during employment with a state agency, including leave earned in classified service, may be transferred to the hiring OUS institution if the break in service does not exceed two years, subject to approval of the hiring institution.

(b) Accumulated, unused sick leave earned during employment with an OUS institution shall be transferred to the hiring state agency if the break in service does not exceed two years, subject to the rules of the state agency.

Hist.: OSSHE 1-2004(Temp), f. & cert. ef. 4-6-04 thru 10-2-04; OSSHE 8-2004, f. & cert. ef. 9-29-04

580-021-0044

Use of Employees' Social Security Numbers

(1) The Oregon University System and each institution within the system shall comply with the requirements of Section 7 of the Privacy Act of 1974 when requesting disclosure of an employee's Social Security Number. Pursuant to the authority of the Oregon University System to implement personnel systems and exercise payroll authority, the Chancellor's Office and each institution within the Oregon University System may request that employees furnish valid Social Security Numbers for mandatory and voluntary uses, subject to the use and disclosure provisions of the Privacy Act.

(2)(a) An institution may require disclosure of an employee's Social Security Number for mandatory uses as provided for under Section 7(a)(2) of the Privacy Act, including:

(A) Use and disclosure for certain program purposes, including disclosure to the Internal Revenue Service, the Social Security Administration, the Federal Parent Locator Service, the Department of Veterans Affairs, the Bureau of Citizenship and Immigration Services, Aid to Families with Dependent Children, Medicare and Medicaid, Unemployment Insurance, Workers Compensation, and, in appropriate cases, epidemiological research.

(B) Administration and accounting purposes including the payment of state, federal and local payroll taxes; withholdings for FUTA and FICA; calculation and applicable reporting of pre-tax salary deductions for benefits including, but not limited to, IRC 117 and IRC 127 scholarship and educational assistance programs; IRC 457 deferred compensation and IRC 403(b) tax-sheltered annuity plans; IRC 401(a) retirement plans; IRC 132 pre-tax parking and transit plans, IRC 125 flexible spending account or cafeteria plans; or IRC 105 or 106 health reimbursement arrangements.

(C) To the extent required by federal law, an employee's Social Security Number may be provided to a foreign, federal, state, or local law enforcement agency for investigation of a violation or potential violation of a law for which that entity has jurisdiction for investigation or prosecution.

(b) An institution may request voluntary disclosure and consent to use an employee's Social Security Number for the following purposes: internal verification and identification for personnel administration, employment-related background checks, payroll records, enrollments or elections for participation in campus programs and services provided by the public universities.

(c) An institution may request voluntary disclosure and consent to use the Social Security Number of an employee or the spouse, partner or dependent of the person requesting participation, as required by the administrator of each record-keeping system, benefit, program or service.

(3) A request for disclosure of an employees' Social Security Number will notify the employee:

(a) Whether disclosure is mandatory or voluntary;

(b) Under what statutory or other authority the social security number is requested;

(c) What specific use or uses will be made of the number; and

(d) What effect, if any, refusal to provide the number or to grant consent for a voluntary use as described above in (2)(b) and (c) will have on an individual.

(4) An employee's Social Security Number may not be put to a voluntary use as described above in (2)(b) and (c) unless the employee has granted consent for that use. If, after having provided notice and received consent to use an employee's Social Security Number for specified purposes, an institution wishes to use the Social Security Number for additional purposes not included in the original notice and consent, the requesting entity must provide the employee notice and receive the employee's consent to use the number for those additional purposes.

(5) An employee's refusal to permit a voluntary use of his or her Social Security Number will not be used as a basis to deny the employee a right, benefit, or privilege provided by law.

(6) The Office of the Chancellor will develop a model disclosure and consent form for use by institutions in the Oregon University System. An institution may use a disclosure and consent form that differs from the model form only if:

(a) The differences are required to satisfy specific programmatic requirements or the entity's particular administrative needs, and

(b) The form complies with all requirements of the Privacy Act of 1974 and this rule.

Hist.: OSSHE 4-2003(Temp), f. & cert. ef. 12-1-03 thru 5-21-04; OSSHE 3-2004, f. & cert. ef. 4-8-04

580-021-0045

Conditions of Employment on Gift, Grant and Contract Funds

(1) The president of each institution shall determine whether unclassified personnel whose employment is financed primarily by gifts, grants or contracts shall be subject to Administrative Rule provisions regarding vacations, sick leave, tenure, promotion, sabbatical leave and timely notice of nonrenewal or termination of employment.

(2) Administrative Rules that do not apply to a particular employee, and any substitute provisions, shall be specifically identified in the notice of appointment.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 2-1980, f. & cert. ef. 4-18-80; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0050

Grievance Procedures

(1) The institutions shall adopt, in consultation with faculty advisory committees including female and minority faculty and representatives of certified bargaining units, if any, appropriate grievance procedures, in accordance with the rulemaking procedures of the Administrative Procedure Act. The grievance procedures shall apply to all unclassified academic employees with faculty rank.

(2) For purposes of this rule and 580-021-0055:

(a) "Grievance" means a complaint by an academic employee that the employee was wronged in connection with compensation, tenure, promotion or other conditions of employment or the employee's rights were denied as to reappointment;

(b) "Other conditions of employment" shall include, but not necessarily be limited to: violations of academic freedom; discriminatory employment practices; nondiscriminatory employment practices; and laws, rules, policies, and procedures under which the institution operates. However, challenges to disciplinary actions or procedures shall be raised under 580-021-0320;

(c) "Days" mean calendar days unless expressly designated otherwise.

(3) The institutions' grievance procedures shall:

(a) Set out the details of a grievance procedure appropriate to the institution;

(b) Include both informal and formal steps. The formal steps shall include an appropriate administrator, a faculty committee (at the option of the grievant) and the institution president. The institution may (at its option) provide a grievance officer. However, a grievance may be resolved at any step. In a formal grievance, all complaints, responses and decisions must be in writing;

(c) Establish time limits within which a grievance must be filed and for each step that will permit timely resolution of issues. Informal grievances shall receive a response within 15 days. In no instance shall the length of time between the presentation of the written grievance and the final institutional decision be more than 180 days, unless agreed to by the grievant. In the event a decision is not made at any level within the designated time limit, the grievant may submit the grievance to the next step;

(d) Provide for a hearing, at the option of the grievant, by a faculty committee selected by the faculty at the institution.

(e) Provide for the appointment by the president of an administrative officer, or officers, (grievance officer) to receive and act upon the recommendations of the faculty committee. The institution may, alternatively, opt to have the president receive and act upon the recommendations of the faculty committee.

(4) The institution may elect not to proceed with a grievance if the grievant also seeks resolution in another forum.

(5) The institution shall adopt rules of procedure for the faculty committee that allow for:

(a) A meaningful opportunity for the grievant to be heard;

(b) An opportunity for each party to present evidence, argument and rebuttal;

(c) The right to representation for each party at that party's expense;

(d) A hearing open to the public at the option of the grievant to the extent allowed by law;

(e) Written conclusions, based only upon evidence presented at the hearing; and

(f) Access by each party to a complete record of the hearing.

(6) The faculty committee shall make recommendations regarding the disposition of the grievance to the grievance officer or president (depending on the institution's election).

(7) Unless the grievance is resolved at a lower level, the president or grievance officer (depending on the institution's election), shall review the recommendations of the faculty committee, if any, and the president or grievance officer shall issue a decision.

(8) If the president or grievance officer (depending on the institution's election) rejects or modifies the recommendations of the faculty hearing committee, the reasons shall be stated in writing, and a copy provided to the grievant and to the hearing committee.

(9) Where the institution has opted to use a grievance officer, the grievant may appeal the decision of the grievance officer to the president pursuant to 580-021-0055.

(10) Under either option as set forth above, and except as set forth herein, the decision of the president shall be final, and shall be an exhaustion of grievant's administrative remedies with the institution and the State Board of Higher Education. If the grievance involves the president or where the president is the immediate supervisor of the grievant, then the appeal, set forth in section 9, shall be to the Chancellor of the Oregon University System (all other provisions of this rule shall otherwise apply).

(11) Nothing contained in this administrative rule shall be construed to limit the right of the State Board of Higher Education to make such inquiry and review into personnel actions as it may from time to time deem, in its sole discretion, appropriate.

(12) Where collective bargaining agreements or administrative rules exist at an institution in which grievance procedures are specified and such procedures exceed the standards in this rule, such agreements or administrative rules shall control, to the extent not inconsistent with the rule.

(13) After consultation with the appropriate faculty committees and approval of the Chancellor's Office, each institution shall adopt its rules by October 1, 2001.

(14) Each institution shall report annually to the Board beginning July 2002, on the number, basis and outcome of all formal grievances filed under the rules herein required.

Hist.: HEB 5-1987, f. & cert. ef. 6-5-87; HEB 7-1987, f. & cert. ef. 12-11-87; HEB 6-1988, f. & cert. ef. 7-5-88; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96; OSSHE 2-2001, f. & cert. ef. 4-27-01

580-021-0055

Appeal of Grievance Decisions

(1) Where an institution has opted to utilize the process of decision by a grievance officer as set forth in 580-021-0050(3)(e), a grievant may request review by the institution's president of a decision described in 580-021-0050(7). The president shall review the record of the grievance. The president shall decide, based on his/her own review, whether to support the grievance officer's decision. The president's decision must be reached within 90 days of the date on which the request is received in the President's Office.

(2) A request for review by the president shall be in writing and must be received in the President's Office within 15 days of the grievant's receipt of the grievance officer's decision. The request shall briefly state the basis for the request for review and the specific facts that would support action by the president consistent with section(4) of this rule. The request shall include a copy of the grievance officer's decision.

(3) Review by the president shall consist of an examination of the record of the grievance. The president may elect to receive additional written or oral presentations from the grievant and the grievance officer.

(4) The president shall not reverse a decision of a grievance officer unless:

(a) Procedural error was committed by the institution during the grievance procedure and the error resulted in prejudice to the grievant;

(b) The decision of the grievance officer is not supported by substantial evidence; or

(c) The decision is in conflict with applicable rules or law.

(d) The president's decision shall be in writing and shall be sent to the grievant and the grievance officer.

Hist.: HEB 7-1988, f. & cert. ef. 7-5-88; HEB 1-1993, f. & cert. ef. 2-5-93; OSSHE 2-2001, f. & cert. ef. 4-27-01

Tenure and Promotion

580-021-0100

Kinds of Appointments

(1) Appointments authorized in Department institutions are: fixed-term appointments, tenure-related appointments (annual tenure and indefinite tenure) and extendible contract appointments as permitted by subsection (1)(c) of this rule:

(a) Fixed-term appointments:

(A) Fixed-term appointments are appointments for a specified period of time, as set forth in the notice of appointment. The faculty member thus appointed is not on the tenure track and the timely notice provisions do not apply;

(B) Fixed-term appointments may be made and are renewable at the discretion of the president;

(C) Fixed-term appointments are designed for use at the discretion of the president in such cases as, but not limited to, appointments of visiting faculty (or similar category); academic staff members whose support wholly or principally comes from gift, grant or contract funds, the cessation of which funding would eliminate the budget base for the position in question; part-time faculty; administrative staff with faculty rank; and faculty appointments during an initial probationary period where an institutional policy has been adopted or negotiated that establishes such probationary period. Fixed-term appointments offered to visiting faculty or similar category shall not exceed a total of seven years;

(D) Institutional staffing plans shall define the characteristics, proper use and appropriate limits on use of visiting faculty or similar category.

(b) Tenure-related appointments:

(A) Annual tenure appointments are appointments given to faculty employed .50 FTE or more whom the institution considers to be on the tenure track, in that, on completion of an appropriate probationary period, they will be evaluated and considered for appointment to indefinite tenure. If the initial annual tenure appointment or successive annual tenure appointments are to be terminated otherwise than for cause or for financial exigency, timely notice shall be given the faculty member;

(B) Indefinite tenure appointments are appointments given selected faculty members having an appointment of .50 FTE or more. Such appointments are made by the president in witness of the institution's formal decision that the faculty member has demonstrated such professional competence that the institution will not henceforth terminate employment except for cause, financial exigency, or program or department reductions or eliminations.

(c) Extendible appointments:

(A) Southern Oregon State College may use an extendible contract that is defined as a contract having a term of not more than three years and that permits, following the first year of the contract term, the term of the contract to be extended an additional year if required conditions have been met, leaving the faculty member at the beginning of each year with a contract having the same term as the original contract;

(B) Such appointments at Southern Oregon State College may be made only after an institutional policy has been adopted following faculty consideration through established governance mechanisms, or negotiated with the exclusive bargaining representative of the faculty. The policy or negotiated agreement must establish the probationary period to be served prior to an extendible contract appointment, describe the procedures and criteria for attaining such an appointment and describe the conditions under which contracts may or may not be extendible;

(C) The use of such extendible contracts is not to result in the abolishment of tenure at Southern Oregon State College.

(2) "Tenured" faculty, as referred to in Board policies and Administrative Rules, are faculty who have been awarded indefinite tenure.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 7-1981(Temp), f. & cert. ef. 9-15-81; HEB 12-1981, f. & cert. ef. 11-20-81; HEB 5-1983, f. & cert. ef. 12-1-83; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0105

Eligibility for Indefinite Tenure

(1) Indefinite tenure may be awarded to faculty employed on appointments of .50 FTE or more as senior instructor, assistant professor, associate professor or professor, if otherwise qualified in accordance with institutional criteria and the Board's Administrative Rules.

(2) When indefinite tenure is awarded, there shall be a statement in the faculty member's personal file that the tenure appointment relates only to that FTE level specified in the notice of appointment for the year indefinite tenure is to become effective. For the indefinite tenure appointment to take effect, the statement concerning indefinite tenure must be signed by the faculty member and by the institutional officer authorized by the president to sign such statements. Alteration in the initial commitment may be by mutual consent of the faculty member and the institution or by action provided for elsewhere in the Board's Administrative Rules.

(3) Standards of performance and scholarly quality shall be the same for part-time and full-time faculty members.

(4) Faculty members on a full-time tenure appointment may, by mutual agreement of the faculty member and the president or a designee, be given reduced appointments of less than 1.0 FTE under terms and conditions mutually agreed to in writing by the faculty member and the president or a designee.

(5) Indefinite tenure shall be awarded to faculty of demonstrated professional competence by the president under terms and conditions set forth in the Board's Administrative Rules and policies and in applicable institutional rules.

(6) Tenure is reaffirmed as being institutional. Faculty having achieved tenure status in one Department institution cannot thereby claim tenure in other Department institutions. Probationary years of service in one Department institution may be counted toward probationary service requirements in another Department institution only with the latter's written approval.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0110

Initial Appointment and Probationary Service for Faculty on Tenure-Related Appointments

(1) All faculty members on tenure-related appointments of .50 FTE or more, except as provided below, shall be appointed initially on one-year appointments.

(2) Awarding of tenure to full-time faculty, except as provided below, shall involve assessment of the faculty member's performance each year during the probationary period, and assessment of performance over not less than five consecutive years (counting the year at the end of which tenure is granted). An additional probationary year may be required by the president, following that, if the faculty member is not awarded tenure, terminal notice shall be given, except as provided elsewhere in these Administrative Rules.

(3) The probationary period for regular part-time faculty employed .50 FTE or more in a tenure-related appointment shall be the same as for full-time faculty, except that it shall be calculated in terms of FTE years rather than calendar years.

(4) Notwithstanding sections (2) and (3) of this rule, the president may in special circumstances consider for tenure any probationary faculty member of the rank of assistant professor or higher, prior to completion of the normal probationary period, when, following a performance evaluation of the faculty member, a finding is made that such an early award of tenure would be to the advantage of the institution. In no event will the first consideration for tenure occur later than in the fifth year.

(5) Faculty members given an initial appointment at the rank of full professor may be granted tenure on appointment, at the discretion of the president. In unusual cases, and only when specifically approved by the Chancellor, associate professors may be given tenure on initial appointment.

(6) At the time of initial appointment, a mutually acceptable written agreement shall be reached between the faculty member and the president or a designee, subject to delegation of authority under the Board's Administrative Rules or policies, as to the extent to which prior experience of the faculty member shall be credited toward the probationary period required before the faculty member may be considered for tenure. The terms of the agreement shall be included in the notice of appointment.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

580-021-0115

Consecutive Annual Appointments

A series of annual appointments shall be considered consecutive whether or not interrupted by one or more official leaves of absence. An official leave of absence does not count as a year of service for purposes of tenure, nor does it prejudice the staff member's right to consideration for tenure for service actually rendered.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-021-0120

Seventh Annual Appointment

A full-time faculty member on annual tenure for a sixth consecutive year shall be awarded indefinite tenure commencing the seventh consecutive year or given notice of termination effective at the end of the seventh year.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-021-0125

Appointment of Regular Part-Time Faculty Beyond the FTE Equivalent of the Sixth Consecutive Year

A faculty member on a part-time annual tenure appointment of .50 FTE or more during each full academic year for a sufficient number of years to equal six or more years of full-time service may be reappointed under one of the following conditions:

(1) With indefinite tenure at the FTE level specified in the notice of appointment for the year indefinite tenure is to become effective;

(2) With notice of termination effective at the end of the next year.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-021-0130

Exceptions

The provisions of 580-021-0105, 580-021-0110, 580-021-0115, 580-021-0120, and 580-021-0305 shall apply to all tenure-related appointments unless in individual cases there is a specific written agreement to the contrary between the institution and the faculty member. The agreement to the contrary shall be incorporated or referred to in the notice of appointment.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0135

Criteria for Faculty Evaluation

(1) Criteria for faculty evaluation, developed with the participation of appropriate faculty and institutional councils, shall be established in each institution:

(a) As a guide in evaluating faculty in connection with decisions on reappointment, promotion, and tenure;

(b) As a basis for assessing those aspects of the faculty member's performance in which improvement is desirable, whether the faculty member is tenured or nontenured, with a view to stimulating and assisting the faculty member toward improvement through the resources available under the institution's staff career support plan.

(2) The criteria shall reflect the primary functions for which the Department was established, namely:

(a) Instruction;

(b) Research accomplishments and other scholarly achievements, or where relevant, other creative and artistic achievement;

(c) Professionally related public service, through which the institution and its members render service to the public (i.e., individuals, agencies, or units of business, industry, government);

(d) Institutional service, including, but not limited to, contributions made toward departmental, school or institutional governance, service to students through student welfare activities such as individual student advising, advising with student organizations or groups and similar activities.

(3) The criteria shall provide guidelines for sources and kinds of data that are appropriate as a basis for effective faculty evaluation at each administrative level (e.g., department, school, institution) and in each area (e.g., teaching, research, scholarly activity, service, etc.) where faculty evaluations are required. Specific provision shall be made for appropriate student input into the data accumulated as the basis for reappointment, promotion, and tenure decisions, and for post-tenure review. Sources of such input shall include, but need not be limited to, solicitation of student comments, student evaluations of instructors and opportunities for participation by students in personnel committee deliberations.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0140

Post-Tenure Review

(1) Tenured faculty members shall be evaluated periodically and systematically in accordance with guidelines developed by each institution.

(2) The purposes of post-tenure review are to:

(a) Assure continued excellence in the academy;

(b) Offer appropriate feedback and professional development opportunities to tenured faculty;

(c) Clearly link the level of remuneration to faculty performance; and

(d) Provide accountability to the institution, public, and Board.

(3) Institutions shall develop post-tenure review guidelines in accordance with the objectives and guidelines promulgated in IMD 4.002, 580-021-0135(3), and 580-021-0005(3)(A).

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96; OSSHE 1-1999, f. 2-24-99, cert. ef. 3-1-99

Sabbatical Leave

580-021-0200

Purposes of Sabbatical Leave

Sabbatical leave is granted to unclassified employees having academic rank for purposes of research, writing, advanced study, travel undertaken for observation and study of conditions in our own or in other countries affecting the applicants field or related scholarly or professional activities. Sabbatical leave is a privilege and not a right. It is granted only when it can be shown that the applicant is capable of using this period in a manner that will thereafter increase the applicant's effectiveness to the institution and to the state.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 8-1989, f. 12-11-89, cert. ef. 1-1-90; section (2) Renumbered to 581-021-0245; HEB 1-1993, f. & cert. ef. 2-5-93

580-021-0205

Eligibility for Sabbatical Leave

(1) An unclassified employee appointed at .5 FTE or more, with the rank of Senior Instructor, Assistant Professor, Associate Professor, Professor, Research Associate or Senior Research Associate may be considered for sabbatical leave:

(a) After having been continuously appointed without interruption by a sabbatical leave for 18 academic quarters (excluding Summer Session) or, in the case of 12-month faculty, 72 months; or

(b) After having accumulated the equivalent of 6.0 FTE years over an indefinite period of 9-month or 12-month appointments uninterrupted by a sabbatical leave.

(c) Prior service at the ranks of Instructor, Lecturer or Research Assistant, when leading to a promotion to a higher rank, may be considered by an institution president as part of the period of accumulated service for the purposes of the time requirement for sabbatical eligibility.

(2) A series of appointments shall be considered continuous whether or not interrupted by one or more authorized leaves of absence other than a sabbatical leave. A one-year period of appointment at less than .5 FTE will count as a period of accumulated service for purposes of the time requirement for sabbatical eligibility. An authorized leave of absence will not prejudice the staff member's eligibility for sabbatical leave. Academic staff members may be considered for subsequent sabbatical leaves after again satisfying the conditions specified in subsections (1)(a) or (b) of this rule. Cases involving mixed terms of service may be adjusted by the institutional president or the president's designee, in accordance with the principles set forth in this rule.

(3) For institutional convenience, and at the initiative and sole discretion of the institution, a sabbatical leave may be delayed by up to two years. In such instances, the academic staff member will become eligible for a succeeding sabbatical leave after an equivalently reduced period of years. This section applies to a maximum of 14 consecutive years, covering two possible sabbatical leaves. The same agreement may be negotiated, again for institutional convenience, in subsequent 14-year periods.

(4) Sabbatical leave privileges may be granted to unclassified employees in special positions of responsibility and trust, even though they do not hold academic rank. Eligibility for this class of employees will be determined in the manner described in section (1) of this rule. Recommendations for sabbatical leave for the above-referenced unclassified staff members not otherwise qualified may be made in exceptional cases only at the discretion of institution presidents.

(5) For purposes of determining eligibility for sabbatical leave, time spent on an authorized military leave from a Department institution shall be considered as institutional service.

(6) Salary received by an academic staff member during a sabbatical shall be calculated as follows:

(a) Salary under subsection (1)(a) of this rule shall be a percentage (determined by 580-021-0225 or 580-021-0230) of the academic staff member's annual rate multiplied by the average FTE at which the academic staff member was appointed during the 6.0 FTE years immediately prior to the sabbatical leave. Presidents shall have the authority and discretion to interpret special circumstances in this regard. For purposes of this subsection, eligibility years are the 18 academic quarters (excluding Summer Session) or in the case of 12-month faculty, 72 months of continuous employment at half-time or more that result in the academic staff member's eligibility for sabbatical leave under subsection (1)(a) of this rule.

(b) Salary under subsection (1)(b) of this rule shall be a percentage (determined by 580-021-0225 or 580-021-0230) of the academic staff member's annual rate in effect at the time the sabbatical leave begins.

(c) If during the period of sabbatical leave the institution allocates salary increases to its academic staff members, the annual rate of the academic staff member on sabbatical leave will be increased by the appropriate amount effective on the date that the salary increase was granted.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 4-1987, f. 4-22-87, ef. 7-1-87; HEB 8-1989, f. 12-11-89, cert. ef. 1-1-90; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0210

Approval and Revisions of Sabbatical Leave Agreements

(1) Sabbatical leave shall be granted only if approved by the president or designee.

(2) Revision of the sabbatical leave program or other terms and conditions of the agreement shall be approved by all parties to the original agreement.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 8-1989, f. 12-11-89, cert. ef. 1-1-90; HEB 1-1993, f. & cert. ef. 2-5-93

580-021-0215

Sabbatical Leave Reports

At the end of the sabbatical leave, the staff member shall submit a report of the accomplishments and benefits resulting from the leave, filing copies with the department head, the dean and the president.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 8-1989, f. 12-11-89, cert. ef. 1-1-90; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0220

Obligation to Return

Each academic staff member, in applying for sabbatical leave, shall sign an agreement to return to the institution for a period of at least one year's service on completion of the leave. If an academic staff member fails to fulfill this obligation, the academic staff member shall repay the full salary paid during the leave plus the health care and retirement contribution paid by the institution on behalf of the academic staff member during the leave. This amount is due and payable three months following the date designated in the sabbatical agreement for the faculty member to return to the institution.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 8-1989, f. 12-11-89, cert. ef. 1-1-90; HEB 1-1993, f. & cert. ef. 2-5-93

580-021-0225

Length of Leave for Academic-Year Staff

Staff members employed on an academic-year basis are eligible for one of the following types of leave:

(1) Academic-year staff other than the University of Oregon School of Law faculty:

(a) One academic year (three terms) on 60 percent salary during the period of sabbatical leave;

(b) Two-thirds of an academic year (two terms) on 75 percent salary during the period of sabbatical leave;

(c) One-third of an academic year (one term) on 85 percent salary during the period of sabbatical leave.

(2) Academic year staff at the University of Oregon School of Law:

(a) One academic year (two semesters) on 50 percent salary during the period of sabbatical leave;

(b) One-half academic year (one semester) on 100 percent salary during the period of sabbatical leave.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1983, f. & cert. ef. 1-19-83; HEB 3-1984, f. & cert. ef. 3-21-84; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0230

Length of Leave for Fiscal-Year Staff

Staff members employed on a fiscal-year basis are eligible for one of the following types of leave:

(1) One year (12 months) on 60 percent salary during the period of sabbatical leave;

(2) Two-thirds of a year (eight months) on 75 percent salary during the period of sabbatical leave;

(3) One-third of a year (four months) on 85 percent salary during the period of sabbatical leave.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1983, f. & cert. ef. 1-19-83; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0235

Cost of Sabbatical Leaves

The cost of granting a sabbatical leave shall be financed within the funds allotted to the institution that employs the staff member.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

580-021-0240

Supplementing of Sabbatical Incomes

Staff members on sabbatical leave may supplement their sabbatical salaries to a reasonable degree, provided that such supple-mentation strictly conforms to the stated and approved purposes of the sabbatical leave.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 8-1989, f. 12-11-89, cert. ef. 1-1-90

580-021-0245

Policy Regarding Sabbatical Leave

The policy on sabbatical leaves shall be uniform for all Department institutions insofar as possible.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 8-1989, f. 12-11-89, cert. ef. 1-1-90; Renumbered from 580-021-0200(2); HEB 1-1993, f. & cert. ef. 2-5-93

Resignations and Terminations

580-021-0300

Resignations

Notice of resignation shall be filed in the president's office as early as possible but in no event later than one month before the resignation is to take effect.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0305

Timely Notice

(1) If any appointment of a full-time academic staff member who is on an annual tenure appointment as defined in 580-021-0100(1)(b)(A) is not to be renewed for reasons other than for cause or financial exigency, timely notice of nonrenewal shall be given in writing as follows: during the first annual appointment, by March 15 for those whose contracts expire June 15, or at least three months' notice given prior to expiration of the appointment; during the second year of service, by December 15 for those whose contracts expire on June 15, or at least six months given before expiration of the appointment; in the third and subsequent years, at least 12 months' notice that may be given at any time. In the event that notice is given to faculty members who are in the first or second year of an annual tenure appointment after the prescribed deadline, they shall also receive 12 months' notice of nonrenewal.

(2) Timely notice shall be given to part-time academic staff members on annual appointments on the same basis as to full-time faculty members cited above, except that the length of timely notice for part-time faculty members shall be calculated in terms of FTE years of service rather than in calendar years.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 4-1989, f. & cert. ef. 6-20-89; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0310

Terminations

Terminations can be either for cause or not for cause. Policies regarding terminations for cause and other sanctions apply to all members of the academic staff, both those having indefinite tenure and those not having indefinite tenure.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-021-0315

Termination Not for Cause

Termination not for cause is defined as any termination other than for cause as set forth in 580-021-0320:

(1) Staff Members with Indefinite Tenure:

(a) The appointment of an academic staff member with indefinite tenure will not be terminated for reasons other than for cause, except for financial exigency or program or department reductions or eliminations. Before the appointment of any academic staff member on indefinite tenure can be terminated for financial exigency, a bona fide determination will be made by the president that a financial exigency does exist, and that sufficient funds are not available for payment of compensation for the position concerned. Program or department reductions or eliminations may be made by the president, upon determination, pursuant to institutional procedures providing for faculty and other appropriate input, that such reductions or eliminations are consistent with institutional goals and needs;

(b) Responsibility for the decision as to whether a state of financial exigency exists, and the subsequent decision on actions necessary to meet the financial exigency, or the decision as to the necessity for program or department reductions or eliminations resulting in termination of employment of tenured faculty, shall rest with the president. In considering such matters, the president shall confer in a timely manner with appropriate faculty and other institutional councils and with the Chancellor and the Board concerning the issues involved in arriving at decisions in the foregoing areas;

(c) Institutional procedures relating to program or department reductions or eliminations shall reflect a regard for the rights of the affected academic staff member, and such procedures may not be used as a substitute for the provisions of 580-021-0325 through 580-021-0385 that set forth the procedural protections to be accorded staff members;

(d) If a tenured faculty member's appointment is terminated or if the appointment of a nontenured faculty member is terminated before the end of the period of appointment because of financial exigency, or because of program or department reductions or eliminations, the released faculty member's place will not be filled by a replacement within a period of two years, unless the released faculty member has been offered reappointment and a reasonable time within which to accept or decline it;

(e) If the staff member cannot be retained either in the position in which presently employed or in some alternate position, maximum possible notice of termination shall be provided the academic staff member being terminated for financial exigency, and in the case of faculty terminated because of program or department reductions or eliminations not demonstrably related to a state of financial exigency, 12 months' notice shall be given.

(2) Staff Members without Indefinite Tenure. Appropriate notice of termination shall be provided staff members holding annual tenure appointments as set forth in 580-021-0305. If the employment of such staff member is being terminated for financial exigency or program or department reductions or eliminations so as to render impossible the provision of notice as set forth in 580-021-0305, maximum possible notice will be provided.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0318

Other Personnel Actions Not for Cause

As authorized by statute and by authority delegated to the Chancellor and the institution presidents, personnel may be transferred or reassigned within an institution in accordance with the staff needs of the institution or other units. Such personnel actions should not be considered sanctions for cause unless they result from actions described in 580-021-0325.

Hist.: HEB 1-1984, f. & cert. ef. 1-13-84

580-021-0320

Termination and Other Sanctions for Cause

The appointment of a tenured or nontenured academic staff member may be terminated, or other sanctions imposed, for cause. Sanctions for cause include oral or written warning or reprimand, removal from an assigned post and reassignment, suspension for a period not to exceed one year and termination. Sanctions more severe than oral or written warning or reprimand shall be imposed in accordance with the procedure in 580-021-0325 through 580-021-0385. Sanctions of oral or written warning or reprimand may be imposed in accordance with institutional procedures.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0325

Definition of Cause

(1) "Cause" shall mean:

(a) Conviction of a felony or of a crime involving moral turpitude during the period of employment by the Department (or prior thereto if the conviction was willfully concealed in applying to the Department for employment);

(b) Conduct proscribed by 580-022-0045; or

(c) Failure to perform the responsibilities of an academic staff member, arising out of a particular assignment, toward students, toward the faculty member's academic discipline, toward colleagues or toward the institution in its primary educational and scholarly functions and secondary administrative functions of maintaining property, disbursing funds, keeping records, providing living accommodations and other services, sponsoring activities and protecting the health and safety of persons in the institutional community.

(2) Evidence to demonstrate cause under the standard set forth in subsection (1)(c) of this definition of "cause" may include, but is not limited to, evidence of incompetence; gross inefficiency; default of academic integrity in teaching, research or scholarship; intentional or habitual neglect of duty and failure to perform adequately for medical reasons.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0330

Initiation of Formal Proceedings

If the president determines that there is probable cause to impose a sanction or sanctions more severe than an oral or written warning or reprimand on an academic staff member, the president shall attempt to reach a satisfactory resolution of the matter. If no satisfactory resolution is reached within a reasonable time, the president shall authorize the preparation of formal charges in accordance with institutional procedure. The charges shall specifically state the facts believed to constitute grounds for imposition of a sanction or sanctions. The person authorized to prepare the charges shall not participate in evaluating the charges. Charges shall be filed with the president, and a copy personally delivered, or sent by certified mail, to the academic staff member within ten days after the authorization of preparation of charges. The charges or a notice accompanying the charges shall inform the academic staff member of the right to a formal hearing on the charges and of the academic staff member's duty to notify the president within ten days after the charges have been delivered or sent whether such hearing is desired.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

580-021-0335

Temporary Suspension of Academic Staff Member

No restraints shall be placed on the academic staff member between the filing of charges and the president's action on the hearing committee's report. However, if at any time during the pendency of charges against an academic staff member, the president makes a written finding stating the reason that there is a clear and present danger that the academic staff member's continued performance of duties will be harmful to the institution, to the academic staff member or to the public at large, the president may suspend the academic staff member, without loss of compensation, from some or all duties.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0340

Academic Staff Member's Request for a Formal Hearing

Within ten days after the personal delivery or mailing of a copy of the charges to the academic staff member, the academic staff member who is so charged shall state in writing to the president whether a formal hearing on the charges is desired. This ten-day period may be reasonably extended by the president. If the academic staff member requests in writing that a formal hearing not be held, the president may impose an appropriate sanction or sanctions on the academic staff member to be effective as determined by the president. The president shall promptly give written notice thereof to the academic staff member provided, however, that the appointment of an academic staff member shall not be terminated except as provided in 580-021-0365.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0345

Hearing Committee

Unless the academic staff member requests in writing that a formal hearing on the charges not be held, such hearing shall be held before a special ad hoc committee of from three to five members. Committee members shall be selected in the following manner: the advisory council, faculty senate or other proper elective faculty body shall appoint one or more permanent panels each consisting of ten faculty members; from one, or if necessary, two, of the permanent panels, the same elective body will name from three to five to serve as the hearing committee. The academic staff member and the administration are each allowed one peremptory challenge; a committee member so challenged will then be replaced from the same panel or panels of ten each by the elective body initially charged with impaneling. The committee shall be constituted promptly and shall complete the hearing and its report within 30 days of its constitution, if possible. The hearing committee shall elect a chair from among its members.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0350

Conduct of Hearing

(1) The committee shall set a date for the hearing, giving the academic staff member and the administration sufficient time to prepare the case. The academic staff member and the administration shall have the option of assistance by counsel, both in preparing for and at the hearing. Not less than one week before the hearing date, the academic staff member shall file with the committee any written statement regarding the case. The committee shall review the charges and the academic staff member's statement, if any, prior to the hearing.

(2) The committee shall consider the case on the basis of the obtainable information and decide what, if any, sanction or sanctions it will recommend be imposed on the academic staff member. The academic staff member shall have the option of a public or private hearing. The conduct of the hearing shall be under the control of the committee chair, subject to the requirements of this chapter and the procedure of the committee. The committee chair shall have the powers of a hearing officer as defined in 580-021-0425.

(3) A verbatim record of the hearing shall be kept. At the hearing, the committee shall receive the testimony of witnesses, on oath or affirmation, and other evidence concerning any disputed facts. The administration shall have the burden of proving its formal charges against the academic staff member, and the committee findings shall be according to the preponderance of the evidence.

(4) The committee shall not be bound to follow court procedures or rules of evidence, except as otherwise required by law. The academic staff member shall have the right to appear, to participate in the hearing, and to present relevant evidence to the committee. The academic staff member may be represented by counsel with or without being present. The academic staff member and the administration shall have the right to confront and cross-examine all witnesses. Insofar as possible, the administration will secure the cooperation, for attendance at the hearing, of witnesses requested by the academic staff member. The academic staff member and the administration shall be given reasonable opportunity to submit rebuttal testimony or other evidence. At the conclusion of the testimony, the committee may permit each side to make an oral or written summation; if the privilege is extended to one side, it must be extended to the other side. When the committee is satisfied that all pertinent and available evidence has been received, and that such summations as it deems appropriate have been presented, the hearing will be adjourned. The committee will then go into executive session for the purpose of deliberation.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

580-021-0355

Committee's Report

The committee, by agreement of a majority of the members thereof, shall make explicit findings based on the hearing record with respect to each specification in the formal charges lodged against the academic staff member. Within ten days following determination of its findings, the committee shall recommend, by agreement of a majority of its members what, if any, sanction or sanctions shall be imposed on the academic staff member. The president and the academic staff member shall be given copies of the findings and recommendation. The verbatim record of the hearing shall be made available to the president and to the academic staff member. A copy shall be made available at cost on request by the academic staff member.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0360

Action by the President

If deemed necessary, the president may refer the matter back to the committee for further findings of fact. The president shall, promptly after receipt of the committee's final report and after reasonable opportunity to consult with the Chancellor and others, give the academic staff member and the Chancellor written notice of the decision. If the decision is to impose a sanction or sanctions on an academic staff member, the notice shall include the reasons therefor, and when it is to be effective, provided, however, that the appointment of an academic staff member shall not be terminated except as provided in 580-021-0365.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0365

Date of Termination

If the appointment of an academic staff member is to be terminated for cause, the appointment shall neither be terminated earlier than one month nor later than one year from the date of the written notice of the president's decision, provided however, that an academic staff member having indefinite tenure whose appointment is terminated for cause other than misconduct shall continue to receive salary at the current rate for one year from the date of the written notice of the president's decision.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

580-021-0370

Review by the Board

(1) The Board shall review any case involving imposition of a sanction or sanctions on an academic staff member having indefinite tenure on written notice of appeal by the academic staff member. The appeal shall be filed with the Board Secretary within ten days (or within such extension of time as permitted by the Chancellor) of the date of the written notice of the president's decision, stating grounds for the appeal, with a copy to the president. The Board may on its own initiative review any case involving the question of imposing a sanction or sanctions on an academic staff member. On receiving written notice of appeal by an academic staff member having indefinite tenure or on notice of the Board's decision to review a case, the president shall forward to the Board Secretary a copy of the charges in the case and the academic staff member's written statement, if any, in answer thereto, and the verbatim record of the hearing, and any exhibits, the committee's findings and recommendations and a copy of the notice of the president's decision.

(2) The Board may review the case on the record only; return the case to the institution from which it came for the receipt of further evidence or testimony; conduct such hearings as it deems proper for its review; refer the matter to a committee of Board members for consideration, including possible hearings, and recommendations; or refer the matter to a hearing officer for hearings and recommendation. The Board shall make such determination of the case, pursuant to its policies, as it deems just.

(3) If the Board sustains the decision to impose a sanction or sanctions on the academic staff member, the sanction or sanctions shall be effective at the date originally named by the president, or such later date as determined by the Board.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0375

Board's Initiative in Bringing Investigation or Charges

On any occasion when it appears to the Board that there is probable cause to impose a sanction or sanctions on an academic staff member, the Board may direct the president to determine whether there is such probable cause. If the president finds that there is probable cause to impose a sanction or sanctions on the academic staff member, the president shall have formal charges prepared and proceed with the case as provided in 580-021-0330. If the president finds that there is not probable cause to impose a sanction or sanctions on the academic staff member, the president shall transmit such report to the Board, including a full statement of reasons for the finding. If the Board, after receipt of the report, deems that the facts of the case warrant the filing of formal charges, the Board shall provide the president with a statement explaining its exceptions to the findings and may direct the president to have formal charges prepared or, at the request of the president, the Board may direct some person within the Department to prepare the formal charges. The subsequent procedure shall be the same as if charges were initially authorized to be prepared by the president.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

580-021-0380

No Reprisals

No employee of the Department shall be subject to any reprisals by the Department for appearing as a witness or for participating as a member of a committee in any of the proceedings provided for in this division.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-021-0385

Personnel Record

No notation shall be made in the personnel record of an academic staff member of any investigation that has not resulted in formal charges being brought against the academic staff member under 580-021-0320 through 580-021-0375 or that has not resulted in the imposition or a sanction of oral or written warning or reprimand in accordance with institutional procedures, as provided in 580-021-0320.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0400

Construction

These rules shall be liberally construed to secure just, speedy, and inexpensive determination of the issues presented. These rules are intended to carry out the intent of the Oregon Administrative Procedure Act and are to be interpreted consistent therewith. Any situation not provided for in these rules shall be governed by the Act and, to the extent applicable, by the law applicable to suits in equity in the circuit courts of Oregon.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-021-0405

Notice of Hearing

If a contested case hearing is to be held by the Board, or by a hearing officer designated by the Board, the Board shall ascertain the time most convenient for the hearing and shall give all parties thereto at least ten days' notice of the time, place and nature of the hearing. The time may be shortened or extended by stipulation of all parties.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0410

Subpoenas

Subpoenas requiring attendance of witnesses or the production of documentary or tangible evidence at a hearing may be issued by the Board, when authorized by law, on request by any party to the proceeding, including the Board itself, on proper showing of general relevance or reasonable scope of the evidence sought.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-021-0415

Assignment to Hear Proceeding

(1) The hearing shall be before the Board except in those cases assigned by the Board to a hearing officer.

(2) The word "Board" in these rules shall include hearing officer wherever applicable.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-021-0420

Disqualification

Any party to a proceeding before the Board may file an affidavit of personal bias against any officer conducting the hearing. Any hearing officer may withdraw from the proceeding because of personal bias or for any reason deemed sufficient by the Board. The Board, in its discretion, may order a hearing on a question of disqualification of a hearing officer.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-021-0425

Powers of Hearing Officers

(1) A hearing officer or the Board when authorized by law shall have the following powers:

(a) To give notice of and hold hearings;

(b) To administer oaths and affirmations;

(c) To examine witnesses;

(d) To issue subpoenas;

(e) To rule on offers of proof and receive evidence;

(f) To regulate the course of the hearing, including the power to eject any person who in any manner interferes with the orderly procedure of a hearing;

(g) To hold conferences, before or during the hearing, for the settlement or simplification of issues, with consent of the parties;

(h) To dispose of procedural requests or similar matters;

(i) To make initial decisions;

(j) To take any other action proper under these rules, including the making of findings of fact, and recommendations to the Board.

(2) The hearing officer's authority in each case will terminate when:

(a) The hearing officer withdraws from the case for any reason;

(b) The time for appeal has terminated.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-021-0430

Who May Appear

(1) Each party may be represented by counsel.

(2) Any individual may appear for himself or herself, and any member of a partnership that is a party to any proceeding may appear for such partnership on adequate identification.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

580-021-0435

Standard of Conduct

Contemptuous conduct by any person present at a hearing shall be grounds for exclusion from the hearing by the hearing officer.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-021-0440

Hearing Recorder

The official record of the hearing shall be stenographically or mechanically recorded by a person or persons assigned by the Board capable of doing such recording. The method used shall be in the discretion of the Board.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-021-0445

Transcript of Testimony

A transcript of the official record shall be furnished by the Board for the purposes of rehearing or judicial review. The cost of the record shall not be taxed to parties other than the Board except as is specifically provided in ORS 183.415(8).

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-021-0450

Continuances and Postponements

Motion for continuance or postponement of any hearing may be granted by the Board for good cause.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-021-0455

Evidence

(1) In general:

(a) The testimony of witnesses at a hearing shall be on oath or affirmation administered by an officer of the Board authorized to administer oaths and shall be subject to cross-examination;

(b) Any witness may, in the discretion of the Board, be examined separately and apart from all other witnesses except those who are parties to the proceeding;

(c) The Board may limit oral argument in its discretion.

(2) The oath or affirmation taken by a witness before testimony shall be in the same form and manner as is provided by law.

(3) Every party shall have the right to present a case or defense by oral, documentary, or other satisfactory evidence, to submit evidence in rebuttal, and to conduct such cross-examination as may be required for a full and complete disclosure of the facts.

(4) The party having the affirmative of the issue shall have the burden of proof.

(5) Admission and exclusion of evidence:

(a) Evidence of a type commonly relied on by reasonably prudent persons in the conduct of their serious affairs shall be admissible, but irrelevant, immaterial, or unduly repetitious evidence shall be excluded;

(b) Hearsay evidence shall not be admissible over an objection based on lack of opportunity to cross-examine;

(c) The Board may limit expert and opinion evidence in its discretion.

(6) If a party objects to the admission or rejection of any evidence or to the limitation of the scope of any examination or cross-examination, that party shall state briefly the grounds of such objection, whereupon the Board shall give the party adversely affected by its ruling on the objection an automatic exception.

(7) After first advising all parties of its intention to do so, the Board may take notice of judicially cognizable facts as is provided by law and of general, technical or scientific facts within the specialized knowledge of the Board members.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0460

Informal Disposition

Informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default, unless precluded by law.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-021-0465

Record

The stenographic or mechanical record of the testimony and exhibits, together with all pleadings, motions, and rulings filed in the proceedings, all stipulations, statements of matters officially noticed, questions, and offers of proof, objections and rulings thereon, and proposed findings and exceptions, shall constitute the exclusive record for decision. The record shall also include any Board proceeding on disqualification of any hearing officer and the proposed, intermediate or final order, if any.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-021-0470

Decision

(1) Except as provided in section (2) of this rule, the Board shall render its decision within 60 days after completion of the hearing. The decision shall be accompanied by findings of fact and conclusions of law. A copy of the decision and the findings of fact and conclusions of law shall be mailed to each party.

(2) If a majority of the Board officials has not heard the proceedings or read the transcript, a proposed decision of the Board, including findings of fact and conclusions of law, shall be mailed to each party, who shall have 15 days after receipt to submit written exceptions to the proposed decision to the Board and to request an opportunity to present argument to the Board. The Board shall grant such opportunity for argument as soon as it can reasonably be arranged. The Board shall render its decision, accompanied by findings of fact and conclusions of law, within 60 days after presentation of the argument.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

DIVISION 22 ACADEMIC FREEDOM

580-022-0005

Academic Freedom

(1) All teachers in Department institutions are entitled to freedom in the classroom in discussing subjects, but they should be careful not to introduce into their teaching controversial matter that has no relation to the subject.

(2) As a matter of policy the Board neither attempts to control, sway nor limit the personal opinion or expression of that opinion of any person on the faculty or otherwise on the Department's payroll. In the exercise of this freedom of expression, faculty members should manifest appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they do not speak on behalf of the Department or institution.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

Political Activities

580-022-0010

Public Activities

(1) Although there is no prohibition against active participation by Department employees in various community and public affairs, it is expected that time given to such activities shall not interfere with the duties of the employees concerned.

(2) No employee shall take action that might be construed as committing the institution or the Board to a position on public issues.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

580-022-0015

Candidates for Public Office

(1) In accordance with the Oregon Constitution, it is Board policy to allow employees to seek political office and to serve in the event of election. Before an employee shall become a candidate for any public office, whether for a salaried or nonsalaried position, the employee is expected to consult with the president.

(2) Political activity shall in no way interfere with the performance of the major duties prescribed by the Board and the presidents.

(3) Because circumstances under which a campaign is conducted will vary widely depending on the nature of the elective office and the extent of opposition, the determination of whether an employee may continue full-time duties while conducting or engaged in a campaign rests with the employee's president. In the event of election to the State Legislature, an employee normally will be placed on leave of absence without pay during the period of full-time responsibility. If elected or appointed to a full-time salaried office, the employee may be placed on leave of absence without pay during the term of office or may be required to resign.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

580-022-0020

Relationships with State Government

(1) Except for the Chancellor and designees, no employee of the Department is authorized to represent the Department, including any institution or other activity thereof, to the Legislature, its members or committees, to the Office of the Governor, and to the Executive Department and its Divisions.

(2) Nothing in this rule shall be construed as inhibiting an employee of the Department from exercising the right of citizenship in a personal capacity, or be construed as inhibiting any employee of the Department from appearing before a body of state government identified in this rule in response to a request from that body.

(3) Faculty members are authorized to visit the Legislative Sessions and Hearings with students in the interests of furthering the effectiveness of organized class work, or to respond to requests from the Legislature for establishment and maintenance of special involvements such as student intern programs.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

Holidays and Miscellaneous Privileges

580-022-0025

Academic Staff Holidays

(1) The following are institution holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. The institutions will be closed on these days. However, units deemed by the institution to provide a necessary function may remain open at the discretion of the institution. Other holidays designated by state law, such as Veteran's Day, Presidents' Day and Martin Luther King, Jr.'s Birthday, are not institution holidays unless the institution is closed by a discretionary act of the president. Institution presidents may designate the day after Thanksgiving as an institution holiday in lieu of one of the listed discretionary holidays.

(2) Any business transaction required or permitted to be performed on a holiday designated by state law may be performed on the next succeeding business day without penalty, even though the institution may be open on the holiday.

(3) Holidays for academic staff shall be those days designated as institution holidays (as described in section (1) of this rule), holidays designated by faculty collective bargaining agreements, and any additional day designated by the Governor.

(4) Holidays observed by classified employees are established by the Executive Department or by collective bargaining agreements.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 5-1988, f. & cert. ef. 5-13-88; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-9

580-022-0030

Staff Fee Privileges

Employees of the Department of Higher Education may register for courses at special rates subject to the following conditions:

(1) Graduate teaching and research assistants may register for credit hours during any term of their appointment and during an intervening summer term under the terms and conditions approved by the Board and described in the Academic Year Fee Book. Graduate assistants are students admitted to a graduate degree program and appointed to an assistantship while working toward a graduate degree. Appointment as an assistant may not be for less than .15 FTE for the term of appointment. Institutions may establish minimum and maximum numbers of credit hours for which graduate assistants may register, provided that the president's or designee's approval is required prior to registering for credit hours in excess of 16 in any one term.

(2) On approval of the president or designee, employees of the Oregon University System, appointed at half-time or more (not including temporary classified employees, graduate assistants, and other student employees), may register for a maximum of twelve hours of credit per term at the staff fee rate under the terms and conditions approved by the Board and described in the Academic Year Fee Book. Chancellor's Office employees must have approval of the Chancellor or designee before registering for courses at the staff fee rate.

(3) Auditor privileges are accorded to employees under the terms and conditions approved by the Board and described in the Academic Year Fee Book.

(4) For purposes of this rule, the term "employee" may include persons with full-time courtesy appointments who provide a benefit to the institution in the form of teaching, research, or counseling, under the direction of the institution and using the facilities of the institution.

[Publications: Publications referenced are available from the agency.]

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 8-1979, f. & ef. 8-22-79; HEB 1-1981, f. & ef. 6-4-81; HEB 4-1982, f. & ef. 7-14-82; HEB 10-1986, f. & ef. 7-16-86; HEB 1-1993, f. & cert. ef. 2-5-93; OSSHE 4-2002(Temp), f. & cert.ef. 5-28-02 thru 11-15-02; OSSHE 6-2002, f. & cert. ef. 7-30-02; OSSHE 4-2006, f. & cert. ef. 6-27-06

580-022-0031

Transfer of Staff Fee Privileges

Employees of the Department of Higher Education eligible for staff fee privileges (as defined in 580-022-0030) may transfer such privileges to family members or domestic partners consistent with the following terms and conditions:

(1) Persons eligible to receive a transfer of staff fee privileges must be either:

(a) A family member, to include spouse or dependent children, in accordance with applicable Internal Revenue Service (IRS) code; or

(b) A "domestic partner," as defined in the Affidavit of Domestic Partnership, or the dependent child of a domestic partner.

(2) Staff fee privileges:

(a) Are usable only by either the employee or transferee;

(b) May not be subdivided among family members or domestic partners and their dependents during a term;

(c) Are limited to one transfer per term;

(d) Are limited to no more than twelve (12) academic credits per term; and

(e) There is no fee plateau at any campus for staff members, domestic partners, or eligible dependents.

(3) Employee qualification is verified through Human Resource System Records at each institution; recipient status (spousal, dependent, or domestic partner) must be established no later than the first day of classes of the term of enrollment.

(4) Recipients of transferred staff fee privileges may register for courses at any Oregon University System institution, subject to policies of the instructing institution. Institutions reserve the right to exclude programs from eligibility for the privilege.

(5) Mandatory enrollment fees including, but not limited to, Resource, Health Service, Building, and Incidental, will apply.

(6) Transfer of staff fee privileges is not available for retirees of the Oregon University System

(7) For further reference to applicable policies and procedures, see the most current edition of the Academic Year Fee Book.

[Publications: Publications referenced are available from the agency.]

Hist.: OSSHE 2-2000, f. & cert. ef. 6-23-00; OSSHE 5-2002(Temp), f. & cert.ef. 5-28-02 thru 11-15-02; OSSHE 7-2002, f. & cert. ef. 7-30-02; OSSHE 4-2006, f. & cert. ef. 6-27-06

580-022-0035

Physical Education Privileges

Insofar as practicable, physical education facilities are available to staff members for recreational purposes on payment of an appropriate fee.

Hist.: HEB 3-1978, f. & ef. 6-5-78

580-022-0040

Student Health Services

Student health service facilities are not available to staff members.

Hist.: HEB 3-1978, f. & ef. 6-5-78

Proscribed Conduct

580-022-0045

Proscribed Conduct

Procedures to impose applicable sanctions may be instituted against any person engaging in any of the following proscribed conduct:

(1) Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other institutional activities, including the institution's public service functions or other authorized activities on institutionally owned or controlled property;

(2) Obstruction or disruption interfering with freedom of movement, either pedestrian or vehicular, on institutionally owned or controlled property;

(3) Possession or use of explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on institutionally owned or controlled property, unless authorized by law, Board, or institutional rules or policies;

(4) Detention or physical abuse of any person or conduct intended to threaten imminent bodily harm or endanger the health of any person on any institutionally owned or controlled property;

(5) Malicious damage, misuse or theft of institutional property, or the property of any other person where such property is located on institutionally owned or controlled property, or, regardless of location, is in the care, custody or control of an institution;

(6) Refusal by any person while on institutional property to comply with an order of the president or appropriate authorized official to leave such premises because of conduct proscribed by this rule when such conduct constitutes a danger to personal safety, property, educational, or other appropriate institutional activities on such premises;

(7) Unauthorized entry to or use of institutional facilities, including buildings and grounds;

(8) Illegal use, possession, or distribution of drugs on institutionally owned or controlled property;

(9) Inciting others to engage in any of the conduct or to perform any of the acts prohibited herein. Inciting means that advocacy of proscribed conduct that calls on the person or persons addressed for imminent action, and is coupled with a reasonable apprehension of imminent danger to the functions and purposes of the institution, including the safety of persons, and the protection of its property;

(10) Violating the Board's Policy for Intercollegiate Athletics as described in Section 8 of the Internal Management Directives, specifically including the subsection thereof entitled Code of Ethics.

[Publications: Publications referenced are available from the agency.]

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 3-1983, f. & ef. 3-17-83; HEB 1-1991, f. & cert. ef. 2-14-91; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96; OUS 3-2012(Temp), f. & cert. ef. 3-16-12 thru 8-31-12; OUS 13-2012, f. & cert. ef. 8-30-12

580-022-0047

Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

(1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between this agency's employees, officials or employees and officials. This rule does not apply to disputes involving the negotiation of labor contracts or mattes about which a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed.

(2) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(3) Nothing in this rule affects any confidentiality created by other law.

(4) To the extent mediation communications would otherwise compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c) or (h) – (j) of section (7) of this rule.

(6) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in section (7) of this rule, mediation communications in mediations involving workplace interpersonal disputes are confidential and may not be disclosed to any other person, are not admissible in any subsequent administration, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced into evidence by the parties or the mediator in any subsequent proceeding so long as:

(a) The parties to the mediation and the agency have agreed in writing to the confidentiality of the mediation; and

(b) The person agreeing to the confidentiality of the mediation on behalf of the agency:

(A) Is neither a party to the dispute nor the mediator; and

(B) Is designated by the agency to authorize confidentiality for the mediation; and

(C) Is at the same or higher level in the agency than any of the parties to the mediation or who is a person with responsibility for human resources or personnel matters in the agency, unless the agency head or member of the governing board is one of the persons involved in the interpersonal dispute, in which case the Governor or Governor's designee.

(7) Exceptions to confidentiality and inadmissibility.

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4) and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(e) A party to the mediation may disclose confidential mediation communications to a person if the party's communication with that person is privileged under ORS chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(f) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(g) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(h) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(i) To the extent a mediation communication contains information on the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(j) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).

(8) The terms of any agreement arising out of the mediation of a workplace interpersonal dispute are confidential so long as the parties and the agency so agree in writing. Any term of an agreement that requires an expenditure of public funds, other than expenditures $1,000 or less for employee training, employee counseling or purchases of equipment that remain the property of the agency, may not be made confidential.

(9) When a mediation is subject to section (6) of this rule, the agency will provide to all parties to the mediation and to the mediator a copy of this rule or an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

Hist.: OSSHE 6-2000(Temp), f. & cert. ef. 12-21-00 thru 6-15-01; OSSHE 1-2001, f. & cert. ef. 4-27-01

Employment Discrimination

580-022-0050

Discrimination Based on Race, Color, Religion, National Origin, Disability, Age, Marital Status, Sex, or Sexual Orientation

No institution or division shall discriminate in employment based on race, color, religion, national origin, disability, age, marital status, sex or sexual orientation.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 2-1982, f. & ef. 4-20-82; HEB 2-1988, f. & cert. ef. 3-16-88; HEB 11-1990(Temp), f. & cert. ef. 10-3-90; HEB 15-1990, f. & cert. ef. 11-7-90; HEB 16-1990, f. & cert. ef. 12-18-90; HEB 4-1991, f. & cert. ef. 8-15-91; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

Employment of More than One Member of a Household

580-022-0055

Employment of More Than One Member of a Household

(1) In appointing academic staff members, the Department seeks those persons most qualified to fulfill its teaching, research and service obligations. Accordingly, members of the same family may be appointed to academic staff positions when it has been determined that they are the most qualified candidates for the positions.

(2) No academic staff member, without prior permission of the immediate supervisor, shall participate in employment decisions, supervision or grievance adjustment concerning or involving the staff member's spouse, child or stepchild.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

Board Rules Governing Institutional Rules
Relating to Faculty Records

580-022-0060

Institutional Rules

(1) The Board delegates to the president responsibility for developing institutional rules governing the form and variety of faculty records to be maintained in the institution, the nature of the information to be collected, the way in which such faculty information is to be recorded, maintained, used and eventually disposed. Such institutional rules shall be consistent with Oregon Laws and the Board's Administrative Rules. Copies of faculty records rules adopted by each institution shall be presented to the Chancellor and shall be maintained on file in the Board's Office.

(2) The Board expects that the presidents will give faculty an important voice in developing these rules, consistent with the nature of the academic community.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-022-0065

Definitions

(1) "Personal Records" means records containing information kept by the institution, school, division or department concerning a faculty member and furnished by the faculty member or by others, including, but not limited to, information as to discipline, counseling, membership activity, other behavioral records, professional preparation and experience, professional performance (e.g., assignment and workload, quality of teaching, research and service to the institution), personnel data relating to such matters as promotions, tenure, leaves, retirement credits and the like and professional activities external to the institution, including, but not necessarily limited to, awards, recognition, research activities and travel.

(2) For purposes of compliance with ORS 351.065, "records of academic achievement" shall mean the record of credits earned toward a degree or in postdoctoral work and/or certificate(s), diploma(s), license(s) and degree(s) received.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-022-0070

Limitation on Records to Be Maintained

Only records that are demonstrably and substantially relevant to the educational and related purposes of the institution, school, division or department shall be generated and maintained.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-022-0075

Confidential Information Relating to Employed Faculty Not to Be Sought Nor Accepted

When evaluating employed faculty members, the Board, its institutions, schools or departments shall not solicit or accept letters, documents or other materials, given orally or in written form, from individuals or groups who wish their identity kept anonymous or the information they provide kept confidential, except for student evaluations made or received pursuant to 580-022-0100(5).

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 1-1979, f. & ef. 4-27-79; HEB 5-1996, f. & cert. ef. 12-18-96

580-022-0080

Certain Information Not Required to Be Given by Faculty Members

No faculty member shall be required to give, but may voluntarily provide, information as to race, religion, sex, political affiliation or preferences, except such information that may be required by state statute, federal law or valid federal rules, regulations or orders. Where the faculty member is asked for such self-designation for any purpose (including federal requests for information), the request shall state the purpose of the inquiry and shall inform the individual of the right to decline to respond.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-022-0085

Locations and Custody of Faculty Records

Official faculty personal records shall be kept in locations central to the institution, school, division, or department by which they are maintained. Custody shall be assigned to designated personnel specifically charged with maintaining the confidentiality and security of the records in accordance with institutional rules. No institution shall maintain more than three files relating to the evaluation of a faculty member, except that an institution may maintain one additional confidential file that shall contain only material excised from other records as permitted by 580-022-0100. Evaluation files are those referred to in ORS 351.065 as "designated" or "authorized."

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-022-0090

Release of and Access to Faculty Records

(1) Appropriate information about the faculty member may be released on request and without the faculty member's consent. Such information shall be limited to:

(a) Directory information, that is, information generally needed in identifying or locating a named faculty member including such information as is readily found in published documents such as institutional catalogs;

(b) Objective evidence of a faculty member's academic achievement, limited to information as to the number of credits earned toward a degree or in postdoctoral work, and certificate(s), diploma(s), license(s) and degree(s) received;

(c) Salary information and the record of terms or conditions of employment;

(d) Records tabulated from students' classroom survey evaluations, on a finding by the president that privacy rights in an adequate educational environment would not suffer by disclosure.

(2) All information in the faculty member's personal record file, apart from that identified in section (1) of this rule, shall be considered personal and subject to restricted access as hereinafter set forth in 580-022-0095 through 580-022-0125.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-022-0095

Confidential Records -- Restrictions on Release

(1) Personal records designated as subject to restricted access in accordance with authority granted in ORS 351.065 shall be available only to the faculty member who is the subject of the records as provided for in 580-022-0100 through 580-022-0115 and to institutional personnel, such as faculty, administrators, students and others serving on official institutional committees or in other official institutional capacities. Such institutional personnel shall have a demonstrably legitimate need to review the records in order to fulfill their official, professional responsibilities as defined in institutional rules. These records may not be released to any other person or agency without the faculty member's written consent, unless on receipt of a valid subpoena or other court order or process or as required by state statute, federal law or valid federal or state rules, regulations or orders.

(2) Institutional rules shall provide for designation of institutional officials to appear in court to test the validity of a subpoena or other court order or process relating to release of faculty records when validity is in question.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-022-0100

Access to Files by Faculty Members

(1) Faculty members shall be allowed full access to their own personal files and personal records kept by the institution, school, department or division, except as provided in sections (2) and (3) of this rule.

(2) Letters and other information submitted in confidence to the institution, school, department, or division prior to July 1, 1975, shall be maintained in the evaluation files permitted by 580-022-0085. However, if a faculty member requests access to such letters and other information pertaining to the faculty member, the anonymity of the contributors of letters and other information obtained prior to July 1, 1975, shall be protected. The full text shall be made available to the faculty member except those portions of the text that would serve to identify the contributor, which shall be excised by a faculty committee created pursuant to institutional rules. The excised portions of the documents may be retained in the confidential file permitted by 580-022-0085.

(3) Confidential letters and other information received by the institution, school, department, or division after July 1, 1975, prior to the employment of a faculty member, shall be placed in evaluation files relating to the faculty member. If the applicant is not employed, the confidential information submitted concerning the applicant shall remain confidential. If an applicant who is employed requests access to personal files, the anonymity of the contributors of confidential preemployment letters and other preemployment information shall be protected. The full text shall be made available, except that those portions of the text that would serve to identify the contributor shall be excised and may be retained in the confidential file permitted by 580-022-0085.

(4) Any evaluation received by telephone shall be documented in each of the faculty member's evaluation files by means of a written summary of the conversation with the names of the conversants identified.

(5) If the institution, school, department or division solicits or accepts student survey evaluations of the classroom or laboratory performance of a faculty member, the survey evaluations shall be conducted anonymously. Reports tabulated from student evaluations shall be placed in the evaluation files defined in 580-022-0085. Survey instruments from which evaluation data are obtained shall be delivered to the faculty member. No other evaluative material shall be accepted from students unless the students are first clearly informed that the faculty member will have access to such material and that the anonymity of the student cannot be preserved.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-022-0105

Entry into File of Comments, Explanations, and Rebuttals

(1) The institutional, school, divisional or departmental official shall, upon request, offer the faculty member opportunity to enter into the evaluation file a rebuttal, refutation, or explanation of any observations contained therein.

(2) On a faculty member's request, an appropriate faculty committee, as defined in institutional rules, shall examine the faculty member's file to verify that all statements therein have been provided. If not, the committee shall require that the information be made available.

(3) On a faculty member's request, the faculty committee shall examine the confidential file to verify that it contains only those excised portions provided in 580-022-0100. The committee shall have the authority to require that any other material be removed from the confidential file.

(4) A copy of the periodic, regular written evaluation of the faculty member containing or having attached to it a statement to the effect that the faculty member may discuss the evaluative statement with the evaluating administrator, shall be given the faculty member. A copy of the evaluative statement, signed by the faculty member signifying receipt of a copy thereof, shall be placed in the faculty member's evaluation file. The faculty member may enter into the evaluation file such comments, explanations, or rebuttals as desired. A copy of such comments, explanations or rebuttals made by the faculty member shall be attached to each copy of the evaluative statement retained by the institution, school, division or department.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-022-0110

Retention of Evaluative Materials Concerning Candidates for Possible Employment

(1) If an individual is not employed, it is expected that the evaluative materials brought together by the institution as it evaluates an individual's qualifications in connection with possible employment will be retained as long as may be necessary to respond to affirmative action investigations and investigations of any claimed violation of the civil rights of any person in connection with employment. Thereafter, they will be disposed of in a manner designed to assure confidentiality, in accordance with rules of the State Archivist.

(2) When federal rules or orders require certain personal records to be compiled before the employment of a faculty member and retained thereafter, such records pertaining to persons not employed that have been obtained with the promise of confidentiality will be closed to all persons except as required by federal rules or orders.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

580-022-0115

Availability to Faculty Members of Objective Information Concerning Categories of Staff

Institutional rules shall establish procedures through which the faculty member who feels adversely affected by the institutional, school, divisional or departmental personnel action or lack thereof may request from designated institutional officials objective or quantitative information contained in limited access files concerning personnel actions affecting categories of faculty members, where such actions appear to have relevance to the case of the faculty member requesting the information. Information may include but need not be limited to: assignment, load, list of publications. It shall not include any evaluative statements concerning faculty members.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-022-0120

Availability of Faculty Records for Research Purposes

The need for educational institutions to make information about the faculty member available for research purposes shall be acknowledged and provided for, providing the institution has adequate provisions to conceal the identity of the faculty member whose personal data or information are being included in the research. If the confidentiality of faculty records would be jeopardized in any way by the release of the information for research purposes, institutional rules shall provide that the institution obtain written consent of the faculty member prior to releasing personal information for research purposes.

Hist.: HEB 3-1978, f. & ef. 6-5-78

580-022-0125

Permanence, Duplication, and Disposal of Faculty Records

(1) The individual faculty member's record shall be maintained only for the time required to serve the basic official functions of the office that generates and maintains it. It should then be disposed of in a manner designed to assure confidentiality.

(2) The permanent retention of faculty records shall be limited to those that the president or the State Archivist shall determine to be of long-range value to the faculty member, to the institution, or to the public. ORS 351.065 provides that access to personal records more than 25 years old may not be limited.

(3) Duplication of faculty records shall be minimized. Duplicated records that are made shall be destroyed at a time to be determined and set forth in institutional rules and in such manner as to assure confidentiality in accordance with the rules of the State Archivist, or with the Archivist's approval.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93

DIVISION 23 CRIMINAL BACKGROUND CHECKS

580-023-0106

Purpose

(1) This rule applies retroactively to applications submitted on or after January 1, 2008. The Oregon University System is committed to protecting the security, safety, and health of faculty, staff, students, and others as well as safeguarding the assets and resources of OUS and each of its universities. To meet these objectives, the Board delegates to the Chancellor and president of each university electing to conduct criminal records checks responsibility for adopting rules governing the conduct of criminal records checks.

(2) Any rules adopted under subsection (1) must be consistent with OAR ch. 580, division 023, applicable Oregon state laws, and federal law.

Stat. Auth.: ORS 181.534 & 352.012
Stats. Implemented: ORS 181.534 & 352.012
Hist.: OSSHE 7-2009, f. & cert. ef. 10-12-09

580-023-0111

Definitions

(1) "Criminal records check" means a fingerprint-based criminal records check.

(2) "Conviction" means that a court of law has entered a final judgment on a verdict or finding of guilt, a plea of guilty, a plea of nolo contendere (no contest), or any determination of guilt.

(3) "Fingerprint-based criminal records check" means a criminal records check using a subject individual's fingerprints. Fingerprint-based criminal record records checks may only be requested from the Oregon State Police for non-criminal justice purposes. If a nationwide criminal records check of a subject individual is necessary, the Chancellor's Office or OUS institutions may request that the Oregon State Police conduct the check, including fingerprint identification, through the Federal Bureau of Investigation.

(4) "OUS institution" means an institution of higher education in the state of Oregon under the authority of the Oregon State Board of Higher Education.

(5) "Subject individual" means a person from whom the Chancellor's Office or OUS institution may require criminal records checks as a condition to provide services as a contractor, employee, or volunteer. Subject individuals include persons currently serving as a contractor, employee, or volunteer, or persons who seek appointment as an employee, volunteer, or engagement as a contractor to a position that is designated as a critical or security-sensitive position. The categories of critical or security-sensitive positions for which the Chancellor's Office and OUS institutions may conduct criminal records checks include those in which the person:

(a) Has direct access to persons under 18 years of age or to student residence facilities because the person’s work duties require the person to be present in the residence facility;

(b) Is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

(c) Has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations;

(d) Has access to property where chemicals, hazardous materials and other items controlled by state or federal laws or regulations are located;

(e) Has access to laboratories, nuclear facilities or utility plants to which access is restricted in order to protect the health or safety of the public;

(f) Has fiscal, financial aid, payroll or purchasing responsibilities as one of the person’s primary responsibilities; or

(g) Has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal background information.

Stat. Auth.: ORS 181.534 & 352.012
Stats. Implemented: ORS 181.534 & 352.012
Hist.: OSSHE 7-2009, f. & cert. ef. 10-12-09

580-023-0116

Criminal Records Check Process

(1) The Chancellor's Office or an OUS institution may require the subject individual to complete a criminal records request form and provide any additional information necessary to complete the criminal records check in a reasonable period of time.

(2) The Chancellor's Office of an OUS institution may conduct, or request that the Oregon State Police conduct, a criminal records check, when:

(a) an individual meets the definition of "subject individual"; or

(b) required by federal law or regulation, by state law or administrative rule, or by contract or written agreement.

(3) A determination of fitness based on a criminal records check for critical or security-sensitive positions is considered a minimum qualification of the position. The fact that a subject individual may be approved as fit on the basis of a criminal records check does not guarantee the individual a position as an employee, contractor, or vendor.

Stat. Auth.: ORS 181.534 & 352.012
Stats. Implemented: ORS 181.534 & 352.012
Hist.: OSSHE 7-2009, f. & cert. ef. 10-12-09

580-023-0121

Criminal Records Check Notice to Applicants

Application forms and solicitations for contract services must give notice to any prospective employee, contractor, or volunteer if the position requires a criminal records check as defined by these rules.

Stat. Auth.: ORS 181.534 & 352.012
Stats. Implemented: ORS 181.534 & 352.012
Hist.: OSSHE 7-2009, f. & cert. ef. 10-12-09

580-023-0126

Confidentiality of Criminal Records Checks

Any information obtained in the criminal records check is confidential. The Chancellor's Office or OUS institutions must restrict the dissemination of information obtained in the criminal records check. Only those persons, as identified by the Chancellor's Office or OUS institution, with a demonstrated and legitimate need to know the information, may have access to criminal records check records.

Stat. Auth.: ORS 181.534 & 352.012
Stats. Implemented: ORS 181.534 & 352.012
Hist.: OSSHE 7-2009, f. & cert. ef. 10-12-09

580-023-0131

Refusal to Consent to Criminal Records Check and Incomplete Fitness Determination

(1) The Chancellor's Office and OUS institutions will close a fitness determination as incomplete when:

(a) Circumstances change so that a person no longer meets the definition of a "subject individual";

(b) The subject individual does not provide materials or information under OAR 580-023-0215(1);

(c) The Chancellor's Office or OUS institution cannot locate or contact the subject individual;

(d) The Chancellor's Office or the OUS institution determine that the subject individual is not eligible or not qualified for the position of employee, contractor, or volunteer for a reason unrelated to the fitness determination process; or

(e) The position is no longer open.

(2) A subject individual does not have the right to a hearing under OAR 580-023-0146 to challenge the closing of an incomplete fitness determination.

(3) If a subject individual refuses to consent to a criminal records check, the Chancellor's Office or OUS institution shall deny the employment of the individual, or deny any applicable position, or deny any request to provide volunteer services, or deny authority to provide contracted services. A subject individual may not appeal any determination made on the basis of a refusal to consent.

Stat. Auth.: ORS 181.534 & 352.012
Stats. Implemented: ORS 181.534 & 352.012
Hist.: OSSHE 7-2009, f. & cert. ef. 10-12-09

580-023-0136

Fitness to Hold Position Based on Criminal Records Check

(1) The Chancellor's Office and OUS institutions must use these rules, and any rules adopted at the institutional level, to determine whether the subject individual is fit to hold a position, provide a service, or be employed based on the criminal records check obtained, including any additional information provide under OAR 580-023-0215(1), and on any false statement made regarding the subject individual's criminal history. In making the fitness determination, the Chancellor's Office or OUS institution must consider:

(a) The nature of the crime;

(b) The facts that support the conviction or pending indictment of that indicate the making of a false statement;

(c) The relevancy, if any, of the crime or the false statement to the specific requirements of the subject individual's proposed position, services or employment; and

(d) Intervening circumstances relevant to the responsibilities and circumstances of the position, services, or employment. Intervening circumstances include, but are not limited to:

(A) The passage of time since the commission of the crime;

(B) The age of the subject individual at the time of the crime;

(C) The likelihood of a repetition of offenses or of the commission of another crime;

(D) The subsequent commission of another relevant crime;

(E) Whether the conviction was set aside and the legal effect of setting aside the conviction; and

(F) A recommendation of an employer.

(2) Crimes Relevant to a Fitness Determination

(a) All felonies;

(b) All Class A misdemeanors;

(c) Any United States Military crime or international crime;

(d) Any crime of attempt, solicitation or conspiracy to commit a crime listed in this subsection (2) pursuant to ORS 161.405, 161.435, or 161.450; and

(e) Any crime based on criminal liability for conduct of another pursuant to ORS 161.155, when the underlying crime is listed in this subsection (2).

(3) Evaluation Based on Oregon and Other Laws. An authorized designee shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which a criminal records check indicates a subject individual may have committed a crime, as those laws are in effect at the time of the fitness determination.

(4) Notwithstanding subsections (2) and (3) of this rule or OAR 580-023-0200(2), an OUS institution may adopt rules setting forth which crimes will be considered relevant to a fitness determination.

Stat. Auth.: ORS 181.534 & 352.012
Stats. Implemented: ORS 181.534 & 352.012
Hist.: OSSHE 7-2009, f. & cert. ef. 10-12-09

580-023-0141

Notice of Adverse Fitness Determination Based on Criminal Records Check

The Chancellor's Office or OUS institution shall inform the subject individual who has been determined not to be fit on the basis of a criminal records check, via certified mail to the most current address provided by the subject individual, of such disqualification.

Stat. Auth.: ORS 181.534 & 352.012
Stats. Implemented: ORS 181.534 & 352.012
Hist.: OSSHE 7-2009, f. & cert. ef. 10-12-09

580-023-0146

Challenging a Fitness Determination

If a subject individual wishes to dispute an adverse fitness determination, the subject individual may appeal the determination by requesting a hearing.

(1) The subject individual may appeal a final fitness determination made on the basis of a criminal records check by submitting a written request for a hearing to the address specified in the notice provided under OAR 580-023-0260 within fourteen (14) calendar days of the date in the notice. The Chancellor's Office or OUS institution may extend the time to appeal if the Chancellor's Office of OUS institution determines the delay was caused by factors beyond the reasonable control of the subject individual.

(2) Challenging Criminal Offender Information. A subject individual may not use the hearing process established by this rule to challenge the accuracy, completeness or lawfulness of information provided by the Oregon State Police, the Federal Bureau of Investigation, or agencies reporting information to the Oregon State Police or the Federal Bureau of Investigation.

(3) The Chancellor's Office or OUS institution is entitled to rely on the criminal offender information supplied by the Oregon State Police, the Federal Bureau of Investigation or other entities until the Chancellor's Office or OUS institution is notified that the information has been changed or corrected.

(4) Any hearing under this rule is not open to the public.

(5) Remedy. The only remedy that may be awarded under this hearing process is a determination that the subject individual is fit. Under no circumstance shall the Chancellor's Office or OUS institution be required to place a subject individual in any position, nor shall the Chancellor's Office or OUS institution be required to accept services or enter into a contractual agreement with a subject individual.

(6) Hearing Process. Upon receiving valid notice under subsection (1) of this rule, the Chancellor or president of the university shall select an appropriate hearing officer. The role of the hearing officer is limited to conducting the hearing and developing a proposed order for the Chancellor or president or his/her designee.

(a) Prehearing Conferences. Prior to the hearing, the hearing officer may, in its discretion, conduct one or more prehearing conferences to facilitate the conduct of and resolution of the case. The hearing officer may convene the conference on its own initiative or at a party's request.

(b) The purposes of a prehearing conference may include, but are not limited to the following:

(A) To facilitate discovery and to resolve disagreements about discovery;

(B) To identify, simplify, and clarify issues;

(C) To eliminate irrelevant issues;

(D) To obtain stipulations of fact;

(E) To provide the hearing officer and parties, in advance of the hearing, copies of all documents intended to be offered as evidence at the hearing and the names of all witnesses expected to testify;

(F) To authenticate documents;

(G) To decide the order of proof and other procedural matters pertaining to the conduct of the hearing;

(H) To discuss settlement or other resolution or partial resolution of the case.

(c) Conducting the Hearing. The hearing shall be conducted, subject to the discretion of the hearing officer, so as to include the following:

(A) The statement and evidence of the Chancellor's Office or OUS institution to support its action;

(B) The statement and evidence of the subject individual determined to be unfit to support its position;

(C) Any rebuttal evidence; and

(D) Any closing arguments.

(d) The hearing officer shall have the authority to question witnesses and set reasonable time limits for oral presentation. The hearing officer may exclude cumulative, repetitious, or immaterial matter.

(e) Evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible.

(f) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, and privileges afforded by Oregon law shall be recognized by the hearing officer.

(g) The hearing officer shall draft a proposed order for the consideration of the Chancellor or institution president, to include the following:

(A) Findings of fact;

(B) Conclusions of law;

(C) Order.

(h) Within twenty-one (21) calendar days of receiving the proposed order from the hearing officer, the Chancellor or institution president must:

(A) Adopt the proposed order as the final order for the case; or

(B) Amend the proposed order as the final order for the case.

(i) The final order from the Chancellor or institution president is final. The final order shall be delivered to the subject individual in writing, via certified mail.

(j) Notwithstanding OAR 580-023-0265, an OUS institution may adopt rules outlining the hearing process required to challenge a fitness determination.

(7) Appealing a fitness determination under section (1) of this rule, or challenging criminal offender information with the agency that provided the information, will not delay or postpone the Chancellor's Office or OUS institution's hiring process or employment decisions.

Stat. Auth.: ORS 181.534 & 352.012
Stats. Implemented: ORS 181.534 & 352.012
Hist.: OSSHE 7-2009, f. & cert. ef. 10-12-09

580-023-0151

Fees

The Chancellor's Office or OUS institution may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee shall not exceed the fee(s) charged the Chancellor's Office or OUS institution by the Oregon State Police and the Federal Bureau of Investigation to obtain criminal offender information on the subject individual.

Stat. Auth.: ORS 181.534 & 352.012
Stats. Implemented: ORS 181.534 & 352.012
Hist.: OSSHE 7-2009, f. & cert. ef. 10-12-09

 

DIVISION 31 LIBRARIES

580-031-0005

Coordinated System of Libraries

A closely coordinated and integrated system of autonomous libraries shall be maintained. Unnecessary duplication in materials, services and procedures will be avoided. The library facilities and resources of the entire Department will be readily available to all faculty members and students of Department institutions.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 5-1996; f. & cert. ef. 12-18-96

DIVISION 40 BOARD'S FINANCIAL POWERS

580-040-0005

Delegation and Assignment of Responsibility

The Board delegates general supervision of fiscal and administrative activities to the Chancellor and designated staff. Major changes in organization or procedures in such activities shall be reported to the Board for approval. The Board directs the Vice Chancellor for Finance and Administration to execute Board policy in all areas of fiscal and administrative services. Among these are:

(1) Designing, installing, supervising and auditing of fiscal and accounting policies and procedures in the Department;

(2) Designing budget systems and procedures describing Department goals, program proposals to achieve these goals and the level and type of financial support necessary to implement approved programs during prescribed time periods. The Office of Finance and Administration is also responsible for budget execution review to assure conformance with the adopted budget;

(3) Establishing policies and procedures for administration of gift, grant and contract funds;

(4) Custody, control, and management of the investment of Department funds;

(5) Coordinated administration of policies relating to procurement, receipt and management of tangible personal property of the Department;

(6) Development of an analytic program, founded on recognized institutional research techniques, providing input to the Department's budget preparation and program evaluation efforts;

(7) Development of a program to analyze Department administrative policies and practices and recommend specific actions to improve services and minimize costs;

(8) Sign claims on behalf of the Board, sign payrolls and sign checks on bank accounts with the State Treasurer or commercial banks.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 6-1986, f. & cert. ef. 1-23-86; HEB 10-1990, f. & cert. ef. 7-26-90; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-040-0007

Retainage Processing Charges

(1) The contractor for a construction contract may elect to have retainage deposited in an interest-bearing bank account, or to deposit securities in lieu of retainage. Contractors exercising one of these options will be charged for the cost of processing transactions related to that option.

(2) The following charges will be accrued and deducted from the final payment to the contractor:

(a) $50 for setting up initial records;

(b) $15 for each subsequent transaction regarding the retainage funds or securities. These transactions include but are not limited to: depositing and withdrawing funds and reconciling the bank statement each month; receiving securities or safekeeping receipts for securities; preparing letters or statements to the institution, contractor or financial institution; and releasing funds or securities to the contractor.

Hist.: HEB 6-1985, f. & cert. ef. 10-28-85; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-040-0010   Latest Tuition Information

Institutional Authority to Establish Fees and Charges

(1) The Board of Higher Education delegates to each president the authority and responsibility to establish as necessary, but ordinarily not more often than annually, fees for certain services and materials provided or coordinated by the institution. The fees are supplemental to required instruction fee, building fee, health service fee, incidental fee and other charges determined and established by the Board. The additional services and materials for which fees and charges may be established include student family, cooperative and miscellaneous housing; instruction-related services; motor vehicle and bicycle parking; hospital, medical, surgical, oral health and clinic services; short courses and workshops; fines for violation of campus regulations; special music, counseling and testing services; and off-campus facilities and services arranged by the institution.

(2) For services and materials other than student family, cooperative and miscellaneous housing, the fees and charges shall be established at levels that assure recovery of the cost of providing the services and materials, including that portion of the operating costs required by legislative action on the Department budget, and in accordance with criteria stated in the Administrative Rules.

(3) The rates for student family, cooperative and miscellaneous housing shall be the amount necessary to meet, for that type of housing, the operating costs, required assessments, debt service, and the requirements of the Board's building repair reserve and equipment replacement reserve policies. For each type of housing, the rates charged for individual units may reflect differences in the age, quality, location, level of service provided and other factors affecting the relative economic value of the unit.

(4) Residents of each of the three types of housing shall contribute, by means of applicable rental rates, toward the total debt service of that type of housing.

(5) Provision for debt service related to each of the three types of housing is the responsibility of the institution at which the housing is located.

(6) For housing units scheduled for demolition, the institution shall provide a means for timely accumulation of reserves or for the acquisition of other funds sufficient to cover the costs of razing and removal. For this purpose, each of the three types of housing shall be provided for separately.

(7) Fees and charges and amendments thereto that the president has Board-delegated authority to establish shall be adopted only after approval by the president in the manner required by the Administrative Procedure Act (ORS Chapter 183) or ORS 351.072. Copies of all fee schedules, charges, and amendments shall be presented to the Vice Chancellor for Finance and Administration for filing in the Chancellor's Office.

Hist.: HEB 1-1978, f. & cert. ef. 5-16-78; HEB 3-1978, f. & cert. ef. 6-5-78; HEB 6-1986, f. & cert. ef. 1-23-86; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-040-0025

Traffic Regulations, Parking Fees, and Enforcement Fines

(1) The Board delegates to institution presidents the authority and responsibility to enact such rules and fines as are deemed necessary and desirable to provide for policing, controlling, regulating and enforcing traffic and parking of motor vehicles and bicycles on property owned by or under the control of the Board. The Board also delegates to institution presidents the authority granted in ORS 352.360(5) to appoint peace officers for the purpose of enforcing institution rules governing traffic and parking.

(2) Parking fees shall be charged at any institution where Article XI-F(1) bond proceeds have been used to finance the cost of acquiring parking sites or to make improvements thereto. Parking fees shall also be charged even though borrowed funds were not obtained if the operating and maintenance cost is $6 or more per parking space per year.

(3) When fees are to be assessed to users of automotive parking facilities, the rate of charge and income to be produced shall be in such an amount that, with interest income, will provide sufficient funds to cover all operating and maintenance costs and also meet bond debt service and reserve requirements where applicable.

(4) Institutional accounts are not to be charged for parking space furnished to employees for personally owned automobiles. A charge may be made against a department, however, where parking space is furnished to a person with a privately owned vehicle who is rendering service for the benefit of the department with no compensation.

(5) Institutions shall adopt rules concerning the operation and parking of bicycles on property owned by or under the control of the Board. The rules shall clearly state where bicycle parking will be permitted and where it will not be allowed. Penalties for violations may be proposed.

(6) All traffic and parking rules approved by the president must be filed with the Vice Chancellor for Finance and Administration no later than September 1 of each year.

(7) Rules must remain in effect for at least one full calendar year following adoption unless prior approval is obtained from the Vice Chancellor for Finance and Administration.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 6-1986, f. & cert. ef. 1-23-86; HEB 9-1988, f. & cert. ef. 9-23-88; HEB 10-1990, f. & cert. ef. 7-26-90; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-040-0030

Vehicle Safety Rule

(1) The Board of Higher Education, concerned about travel safety, adopts these rules to require institution action to promote safe travel.

(2) For purposes of this rule:

(a) "Vehicle" means cars, vans, trucks, and buses;

(b) "State-Owned Vehicle" means a vehicle owned by or registered in the name of the State of Oregon, the Board, or any institution;

(c) "Hired Vehicle" means a vehicle that is leased, hired, or rented by the state, the Board, or any institution. This definition excludes borrowed vehicles;

(d) "Borrowed Vehicle" means a vehicle that is not a "state-owned vehicle" or a "hired vehicle" but that is used on state business. "Borrowed Vehicle" includes vehicles owned by employees, students and others participating in institution activities and used on state business;

(e) "State Business" means any activity for which all or part of the expenses may be reimbursed by any unit, department, or program of the Department of Higher Education.

(f) "Officially Sanctioned Program" means any program undertaken to further the instructional, research, or service missions of the institution or designed to promote the cultural and physical development of students. Such programs include but are not limited to:

(A) Academic department programs;

(B) Cocurricular programs;

(C) Intramural, recreational sports, club sports and intercollegiate athletic programs;

(D) Any student programs or activities identified by the institution president or designee. Examples of such activities include, but are not limited to, student government, student housing activities and activities sponsored by student organizations that are consistent with the institution's mission.

(g) “Major traffic offense” includes reckless driving, driving under the influence of intoxicants, failing to perform the duties of a driver, criminal driving while suspended or revoked, fleeing or attempting to elude a police officer,

(3) No motor vehicle owned, leased or controlled by the state shall be used to transport students to an event or activity not directly related to an officially sanctioned program. Institutions shall develop policies and procedures to implement this rule, including a means to identify officially sanctioned programs.

(4) The Board of Higher Education delegates to the institution presidents the authority and responsibility to establish specific rules governing travel safety, subject to the following general guidelines:

(a) Institution rules shall provide procedures for certifying that persons who operate state-owned or hired vehicles on state business possess a valid driver's license and have not been convicted of a major traffic offense as defined by this rule within three years of the proposed operation;

(b) Institution rules shall require that vehicles (not including buses) used on state business have operable seat belts for all occupants. Institution rules shall also indicate the circumstances under which additional safety equipment such as a flashlight, ice scraper, first aid kit, emergency instructions, tire chains, etc., will be required;

(c) Institution rules shall indicate the circumstances under which relief drivers and the filing of itineraries will be required;

(d) Institution rules shall apply to state-owned vehicles and to hired vehicles. Institution rules also may apply to borrowed vehicles at the discretion of the institution, giving consideration to enforceability, the nature of the travel and other relevant factors.

(5) Each institution shall file a report with the Office of Finance and Administration by August 31 of each year commenting on the adequacy of the travel safety rules and summarizing the vehicle accidents and injuries that have occurred during travel on state business in the preceding 12 months.

(6) Institution travel safety rules and amendments thereto will be effective only upon approval of the Vice Chancellor for Finance and Administration or a designee.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 9-1984, f. & ef. 8-21-84; HEB 6-1986, f. & ef. 1-23-86; HEB 13-1986, f. & ef. 9-20-86; HEB 10-1990, f. & cert. ef. 7-26-90; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1994, f. & cert. ef. 4-28-94; HEB 5-1996, f. & cert. ef. 12-18-96; OUS 4-2012(Temp), f. & cert. ef. 3-16-12 thru 8-31-12; OUS 14-2012, f. & cert. ef. 8-30-12

580-040-0040

Oregon University System Annual Fee Book

The document entitled “2014-15 Academic Year & 2014 Summer Session Fee Book” dated, June 6, 2014 (consisting of the “Academic Year Fee Book” dated June 6, 2014 as amended by the rate changes herein described), is hereby amended by reference as a permanent rule. All prior adoptions of Academic Year and Summer Session fee documents are hereby repealed except as to rights and obligations previously acquired or incurred there under. The Chancellor or designated staff is permitted to make revisions as needed and is authorized to make minor adjustments to the final document, if necessary.

 

Hist.: HEB 4-1978, f. & ef. 6-15-78; HEB 5-1979, f. & ef. 7-20-79; HEB 11-1979, f. & ef. 8-22-79; HEB 1-1980, f. & ef. 4-18-80; HEB 7-1980, f. & ef. 6-18-80; HEB 11-1980, f. & ef. 8-20-80; HEB 4-1981(Temp), f. 6-30-81, ef. 7-1-81; HEB 5-1981, f. & ef. 8-18-81; HEB 15-1981(Temp), f. & ef. 12-18-81; HEB 5-1982, f. & ef. 7-14-82; HEB 4-1983, f. & ef. 7-29-83; HEB 4-1984, f. & ef. 6-20-84; HEB 5-1985, f. & ef. 8-12-85; HEB 12-1986, f. & ef. 7-30-86; HEB 6-1987, f. & ef. 8-4-87; HEB 8-1988, f.& cert. ef. 8-5-88; HEB 10-1988, f. & cert. ef. 11-16-88; HEB 3-1989, f. & cert. ef. 11-27-89; HEB 6-1989, f. & cert. ef. 7-28-89; HEB 7-1990, f. & cert. ef. 6-4-90; HEB 8-1990(Temp), f. & cert. ef. 7-26-90; HEB 12-1990, f. & cert. ef. 10-3-90; HEB 5-1991, f. & cert. ef. 8-15-91; HEB 8-1992, f. & cert. ef. 7-31-92; HEB 2-1993, f. & cert. ef. 2-5-93; HEB 5-1993, f. & cert. ef. 8-11-93; HEB 7-1994, f. & cert. ef. 8-4-94; HEB 3-1995, f. & cert. ef. 8-1-95; HEB 3-1996, f. & cert. ef. 8-8-96; HEB 5-1996, f. & cert. ef. 12-18-96; HEB 3-1997, f. & cert. ef. 7-24-97; OSSHE 4-1998, f. & cert. ef. 7-22-98; OSSHE 5-1998(Temp), f. & cert. ef. 8-21-98 thru 1-31-99; OSSHE 9-1998, f. & cert. ef. 12-23-98; OSSHE 3-1999(Temp), f. & cert. ef. 7-22-99 thru 1-14-00; OSSHE 4-1999, f. & cert. ef. 9-16-99; OSSHE 3-2000, f. & cert. ef. 7-26-00; OSSHE 4-2001, f. & cert. ef. 7-27-01; OSSHE 8-2002, f. & cert. ef. 8-14-02; OSSHE 2-2003, f. & cert. ef. 8-4-03; OSSHE 6-2004, f. & cert. ef. 6-15-04; OSSHE 2-2006, f. & cert. ef. 6-8-06; OSSHE 3-2007, f. & cert. ef. 6-21-07; OSSHE 6-2008(Temp), f. & cert. ef. 3-20-08 thru 9-1-08; OSSHE 8-2008, f. & cert. ef. 6-17-08; OSSHE 2-2009(Temp), f. & cert. ef. 2-20-09 thru 6-30-09; OSSHE 4-2009(Temp), f. & cert. ef. 3-13-09 thru 6-30-09; Administrative correction 7-21-09; OSSHE 5-2009(Temp), f. & cert. ef. 7-20-09 thru 1-8-10; OSSHE 6-2009(Temp), f. & cert. ef. 10-1-09 thru 1-8-10; Administrative correction 1-25-10; OUS 2-2010, f. & cert. ef. 2-11-10; OUS 3-2010, f. & cert. ef. 6-17-10; OUS 2-2011, f. & cert. ef. 6-23-11; OUS 3-2011, f. & cert. ef. 10-19-11; OUS 8-2012, f. & cert. ef. 6-18-12; OUS 4-2013, f. & cert. ef. 7-24-13

580-040-0041

Revolving Charge Accounts Policy

(1) Institutions offering extended payment terms utilizing a revolving charge account method shall adopt rules creating the Revolving Charge Account Plan, and describing the terms and conditions applicable to the Plan.

(2) Transactions covered by the Plan may include (by way of description and not limitation) tuition, fees, housing charges and other obligations primarily involving students; facilities rentals, lease agreements, program user charges and other transactions with nonstudents; and fines and penalties, incurred by anyone.

(3) If adopted, institutional rules shall:

(a) Describe the interest to be charged, as well as service charges, collection and other fees and costs, if any, and penalties that would apply should an account become delinquent;

(b) Provide for an agreement to be signed by the obligor, the form of which shall be approved by the Vice Chancellor for Finance and Administration; the institution shall use its best efforts to have the agreement signed, except for debts arising from fines, penalties and the like; and

(c) Provide that tuition and fees incurred in any given term be paid in full prior to enrollment in any subsequent term.

Hist.: HEB 9-1990(Temp), f. & cert. ef. 7-26-90; HEB 13-1990, f. & cert. ef. 10-3-90; HEB 7-1992, f. & cert. ef. 4-30-92; HEB 5-1996, f. & cert. ef. 12-18-96

Surplus Property Disposal

580-040-0300

Purpose

These rules establish, for the Institutions of the Oregon University System (OUS) and the Chancellor's Office, a process for disposal of surplus and scrap property that safeguard's state assets, creates efficiency in surplusing or scrapping, maximizes the value received for property that is surplus to institutional or the System needs, and is attentive to environmental impacts.

Hist.: OSSHE 4-2004, f. & cert. ef. 6-9-04

580-040-0301

Definitions

For purposes of 580-040-0301 through 580-040-0311, unless context requires otherwise:

(1) "Board" means Oregon State Board of Higher Education.

(2) "Chancellor's Office" means the offices that provide direct administrative support to the Chancellor and the Board, and are not part of an OUS institution.

(3) "Employee" means a person who, within the last twelve months, has been paid a wage for full-time, part-time, or temporary work by an institution or the Chancellor's Office.

(4) "Federally Funded Surplus Property" means personal property, vehicles, and titled equipment, purchased with federal grant or other federal funds and that is worn-out, obsolete, or excess to the Chancellor's Office or an institution's needs, or otherwise unsuitable for intended use, the disposal of which would be to the financial benefit of the institution or Chancellor's Office.

(5) "Institution" means any of the institutions of the Oregon University System.

(6) "President" means the chief executive officer of an Oregon University System campus or designee.

(7) "Scrap" means materials, including lost, mislaid, or abandoned property having no financial value or such low financial value as to make sale not cost effective.

(8) "Surplus Property" means all personal property, including lost, mislaid or abandoned property, vehicles and titled equipment that is worn-out, obsolete or excess to the Chancellor's Office or an institution's needs, or otherwise unsuitable for intended use, the disposal of which would be to the financial benefit of the institution or Chancellor's Office.

Hist.: OSSHE 4-2004, f. & cert. ef. 6-9-04

580-040-0302

General

(1) The Chancellor's Office and Oregon University System institutions may, in accordance with these rules, dispose of any worn out, obsolete, scrap, or otherwise unsuitable surplus property, the disposal of which would be to the benefit of the Chancellor's Office or the institution, except as set forth in subsection (2).

(2) These rules do not apply to any equipment, goods, supplies, material, information technology or other personal property encumbered by a certificate of participation that will be disposed of in accordance with applicable law.

Hist.: OSSHE 4-2004, f. & cert. ef. 6-9-04

580-040-0303

Delegations

These rules apply to the Chancellor's Office. An institution may follow the procedures set out herein or adopt its own rules, which rules will conform to the purposes set out below. Prior to adoption, the OUS Senior Vice Chancellor for Finance and Administration must approve the rules developed by the campuses. In addition, the State Board of Higher Education delegates to each president responsibility for implementing these rules or rules adopted by that institution.Purposes: Rules developed for surplus and scrap property will:

(1) Safeguard state assets;

(2) Create efficiency in surplusing or scrapping;

(3) Maximize the value received for property to the extent consistent with efficiency; and

(4) Attempt to reduce negative environmental impacts.

Hist.: OSSHE 4-2004, f. & cert. ef. 6-9-04

580-040-0304

Environmental Standards

Disposal of surplus property and scrap will be accomplished in accordance with all state, federal, and local regulations regarding environmental health and recycling. If ownership of surplus property or scrap is transferred to another party, the institution, or Chancellor's Office transferring the property must document passing of title. The acquiring party assumes environmental responsibility when title transfers.

Hist.: OSSHE 4-2004, f. & cert. ef. 6-9-04

580-040-0305

Maintenance of Proper Inventory Records and Justification of Sale or Disposal

(1) The Chancellor's Office and institutions will each set thresholds and standards that identify by value or type, for personal property for which disposal records must be maintained.

(2) Disposal records for assets, whether or not capitalized, will include the following information:

(a) Description of property and, if capitalized, asset number; and

(b) Reason, date, and method of disposal.

Hist.: OSSHE 4-2004, f. & cert. ef. 6-9-04

580-040-0306

Disposition of Federally Funded Surplus Property

Federally funded property will be disposed of in accordance with applicable federal law or federal grant terms, if any. Otherwise, such property will be disposed of in accordance with these rules, or institution rules adopted hereunder.

Hist.: OSSHE 4-2004, f. & cert. ef. 6-9-04

580-040-0307

Disposition of Property Acquired by Gift

Disposition of property acquired by gift will be in accordance with the Internal Revenue Code and any restrictions applicable to the property. Otherwise, the property will be disposed of in accordance with these or institution rules adopted hereunder.

Hist.: OSSHE 4-2004, f. & cert. ef. 6-9-04

580-040-0308

Exchange or Trade-in Option.

The Chancellor's Office or institution may exchange or trade-in property when such exchange or trade-in is in the best interest of the Chancellor's Office or institution and is otherwise in compliance with applicable rules or policy. Exchange or trade-in will be considered disposal for purposes of these rules. Records will be kept regarding the valuation methodology used in evaluating the relative benefits of trade-in, exchange or sale.

Hist.: OSSHE 4-2004, f. & cert. ef. 6-9-04

580-040-0309

Transfer of Property to a Collaborating Government or Non-Profit Institution

Transfers of surplus property or scrap may be made to a collaborating government or other non-profit institution when intended for institution purposes and consistent with restrictions on its transfer.

Hist.: OSSHE 4-2004, f. & cert. ef. 6-9-04

580-040-0310

Method of Disposal; Eligibility to Acquire

(1) The Chancellor's Office or institution will use a method of disposal that is cost-effective, taking into account the costs of disposal and the potential for financial return. Disposal methods include, but are not limited to, exchanges, trade-ins, auctions, sealed bid sales, scrapping, fixed price retail sales, donation to other state agencies, Oregon political subdivisions, public non-profits, web-based auctions or sales and, for scrap, transfer for no valuable consideration.

(2) No current or former employee or agent for such will be granted any benefit or opportunity not granted the general public in acquisition of items through the disposal process.

(3) All property is conveyed "AS-IS, WHERE-IS" with no warranty, express or implied, of merchantability or fitness for a particular purpose, or any other warranties or guarantees. A purchaser or disappointed bidder will have no recourse against the State of Oregon, the Oregon University System, an institution, or any of their officers, employees, or agents. All sales will be final.

(4) The Chancellor's Office or institution may provide that payment may be made by credit card, cash, cashier's check, personal check, wire transfer, or money order.

(5) Surplus property paid for, but not claimed with the time specified in the sales terms and conditions will be conclusively considered the property of the Chancellor's Office or institution and may be disposed of in compliance with these rules.

(6) Title to surplus property or scrap is transferred to the purchaser when the Chancellor's Office or institution makes the item available to the purchaser either by the purchaser, purchaser's agent, or purchaser's or institution's designated shipper taking possession of the item. Surplus property must be paid for in full before the institution or Chancellor's Office will make it available to the purchaser. Purchaser assumes all responsibility, including risk of loss or damage, for the item when title is transferred.

Hist.: OSSHE 4-2004, f. & cert. ef. 6-9-04

580-040-0311

Disposal of Computer and Other Electronic Storage Devices and Media

Prior to disposal of any computer, computer peripheral, computer software, electronic storage device, or storage media device, the Chancellor's Office or institution will, as applicable, completely erase or otherwise render unreadable all information, data, and software residing on the Device, unless the information, data, or software is to be conveyed and may be conveyed lawfully.

Hist.: OSSHE 4-2004, f. & cert. ef. 6-9-04

DIVISION 41 ACCOUNTING POLICIES

580-041-0010

Receivables

(1) Business offices of the Department of Higher Education shall be diligent in the collection of accounts and notes receivable. The procedures followed shall be in conformity with the requirements of federal and state law and regulation. The procedures shall be formally adopted by an institution after public hearing under the Administrative Procedure Act, with prior notice to the Controller and the Vice Chancellor for Finance and Administration.

(2) Deletion of the reference to specific sanctions permits the institutions to adapt to changes in law or judicial interpretation as well as to institutional differences. The Office of Finance and Administration will assist the institutions by suggesting a model institutional rule, after consultation with the institutions.

Hist.: HEB 6-1978, f. & cert. ef. 10-25-78; HEB 3-1986, f. & cert. ef. 1-17-86; HEB 10-1990, f. & cert. ef. 7-26-90; HEB 5-1996, f. & cert. ef. 12-18-96

DIVISION 42 GIFT, GRANT, AND CONTRACT MANAGEMENT

 

580-042-0005

General Authority

The Board encourages gifts by faithfully devoting them, subject to the terms of the gift, to the institution or program for which intended, and by other suitable means.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78

580-042-0010

Delegation

(1) Institutions are authorized to apply for and accept, on behalf of the Board, gifts or grants and to negotiate contracts that will not result in:

(a) Enrollments in excess of those on which budgets have been based;

(b) Commitment of funds beyond those available in budgets approved by the Board, or the normal continuation thereof;

(c) Creating a commitment for the institution or the state to continue support of a program funded through gifts, grants or contracts, in the event such funds are discontinued;

(d) Development or support of activities inconsistent with the approved mission of the department and/or institution;

(e) Launching of new curricular programs that have not received prior Board approval;

(f) Establishing or significantly expanding a clientele for services of an essentially nonresearch or noninstructional nature.

(2) The Vice Chancellor for Finance and Administration or a designee is authorized to approve applications for and acceptance of other gifts, grants or contracts.

Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 2-1986, f. & ef. 1-17-86; HEB 10-1990, f. & cert. ef. 7-26-90; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96; OSSHE 4-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08

580-042-0015

Institutional Responsibility

Requests for gift, grant, or contract funds may be initiated by an institution, division or statewide service, acting for the Board, subject to the following considerations:

(1) A request obligating the Board to increase an allocation of state appropriations or seek additional state funds where the gift, grant or contract to be discontinued is subject to Board approval before the request is submitted to the granting agency.

(2) When all or a major portion of project performance requires the services of institutional personnel or use of its property or if project funding includes indirect cost allowances, funding is to be requested in the name of the Board.

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 2-1986, f. & cert. ef. 1-17-86; HEB 4-1993, f. & cert. ef. 5-10-93; HEB 5-1996, f. & cert. ef. 12-18-96

DIVISION 43 POLICIES RELATING TO INVENTIONS, LICENSE AGREEMENTS, EDUCATIONAL AND PROFESSIONAL MATERIALS DEVELOPMENT, PATENTS, AND COPYRIGHTS

580-043-0006

Policy

The educational and research activities of employees of the Board of Higher Education and its institutions frequently result in the discovery of new knowledge in the form of inventions, technological improvements, and the production of educational and professional materials. It shall be the general policy of the Board that such results be made available to the public in the most expeditious manner.

Hist.: HEB 8-1978, f. & cert. ef. 12-5-78

580-043-0007

Objectives of Policies

It is Board intent to:

(1) Provide systematic means of bringing inventions, technological improvements and educational and professional materials into the public domain.

(2) Encourage the development of new knowledge while protecting traditional academic freedom of employees in the publication of materials, development of inventions and discovery of technological improvements.

(3) Establish principles and procedures for equitably sharing net royalty income with employees, and with sponsoring agencies when required by an agreement.

Hist.: HEB 8-1978, f. & cert. ef. 12-5-78; HEB 5-1996, f. & cert. ef. 12-18-96

580-043-0011

Employee Responsibilities and Rights

(1) As a condition of employment, all Board and institution employees shall agree to assign to the Board rights to:

(a) Any invention or improvement in technology conceived or developed using institutional facilities, personnel, information or other resources; and

(b) Educational and professional materials, whether or not registered for copyright, that result from the instructional, research or public service activities of the institutions.

(2) Employees shall be responsible for disclosing to designated institutional representatives all inventions, technological improvements and educational and professional materials conceived, developed and/or produced during the conduct of normal activities.

(3) Employees shall be responsible for cooperating and assisting Board and institutional representatives responsible for patenting, licensing, registering for copyright, publishing and generally assisting public access to new knowledge resulting from employee activities.

(4) Employees shall be eligible to share in net royalty income from each invention or separate improvement thereof, an amount not to exceed:

(a) 40 percent of the first $50,000, 35 percent of the next $50,000, and 30 percent of all additional net royalty income received by the Board for inventions and technological improvements; and

(b) 50 percent of net royalty income from educational and professional materials.

(5) For the limited purposes of administering the policies under division 43, persons acting in the following capacities shall be entitled to the benefits and subject to the responsibilities of said rules: graduate teaching assistants, graduate teaching fellows, graduate research assistants and student employees.

Hist.: HEB 8-1978, f. & cert. ef. 12-5-78; HEB 9-1980, f. & cert. ef. 8-20-80; HEB 1-1982, f. & cert. ef. 4-20-82; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-043-0016

Institutional Responsibilities

To manage inventions, technological improvements and educational and professional materials developed by employees, institutions shall:

(1) Apply Board-adopted policies and procedures.

(2) Encourage employee activities that lead to new knowledge.

(3) Actively seek applications for new knowledge developed by employees.

(4) Anticipate and comply with conditions in contracts, grants and agreements with sponsoring agencies.

(5) Recommend to the Vice Chancellor for Finance and Administration or designee contractual agreements, patent applications and equitable sharing of net royalty income.

Hist.: HEB 8-1978, f. & cert. ef. 12-5-78; HEB 1-1986, f. & cert. ef. 1-17-86; HEB 10-1990, f. & cert. ef. 7-26-90; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-043-0026

Office of Finance and Administration Responsibilities

The Office of Finance and Administration shall:

(1) Assist institutions in the development of procedures implementing Board policies and managing new knowledge.

(2) Monitor institutional application of Board policies.

(3) Review and approve institutional recommendations regarding assignment of rights, applications for patents, execution of licenses and agreements and distribution of royalties.

Hist.: HEB 8-1978, f. & cert. ef. 12-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

University Venture Development Funds

580-043-0060

Purpose; Definitions

(1) Purpose. Chapter 580, division 043, authorizes each Institution to establish one Venture Development Fund for the purpose of facilitating the commercialization of research and development. The purpose of an Institution's Fund shall be to provide qualified grant applicants with moneys to facilitate the commercialization of the Institution's research and development. Within the scope of this purpose and subject to these administrative rules, an Institution may use moneys in its Fund to provide:

(a) Capital for university entrepreneurial programs;

(b) Opportunities for students to gain experience in applying research to commercial activities;

(c) Proof-of-concept funding for transforming research and development concepts into commercially viable products and services; and

(d) Entrepreneurial opportunities for persons interested in transforming research into viable commercial ventures that create jobs in this state. Contributors to an Institution's Fund are eligible for Oregon income tax credits to the extent set forth in the Act and these rules.

(2) Definitions:

(a) Act: Oregon Laws 2005, ch. 592, as amended by Senate Bill 582 (2007).

(b) Entity: any governmental body or agency, association, partnership, corporation, limited liability company, or other organization, however described or named and regardless of legal status, other than a Person.

(c) Person: a natural person or sole proprietorship.

(d) Venture Development Fund or Fund: A fund authorized by the Act.

(e) Venture Grant Program or Program: A grant program authorized by the Act.

(f) Institution: An institution of the Oregon University System.

(g) Department of Revenue: the Oregon Department of Revenue.

(h) General Fund: the general fund of the State of Oregon.

(i) Remain in Oregon: maintaining the Entity headquarters in Oregon; or employing a majority of employees (on a full-time equivalent, head-count, or payroll basis) in Oregon.

(j) State Board of Higher Education or Board: the Board created by ORS 351.010.

(k) Tax Credit Certificate: a certificate authorized by the Act and in a form designated by the Board that evidences a contribution to a Venture Development Fund.

(L) Donor: a person or entity that makes a contribution to a Fund authorized by the Act and these rules.

(m) Taxpayer: a person or entity that makes a contribution to a Fund authorized by the Act and these rules and that applies for a tax credit certificate authorized by the Act and these rules.

(n) Gross Royalty Income: cash realized by the Board from royalties, milestone and license fee payments and from the sale of equity as a result of grants made under the Program.

Hist: OSSHE 1-2006(Temp), f. & cert. ef. 2-9-06 thru 8-8-06; OSSHE 5-2006, f. & cert. ef. 7-24-06; OSSHE 5-2007(Temp), f. & cert. ef. 7-23-07 thru 1-18-08; OSSHE 2-2008, f. & cert. ef. 1-14-08

580-043-0065

Establishment of a Venture Development Fund by an Institution

(1) An institution may establish a Fund in accordance with the Act and these rules.

(2) Each Institution that establishes a Fund shall:

(a) Notify the Board and the Department of Revenue of the establishment of the Fund;

(b) Either directly or through its affiliated foundation solicit contributions to the Fund and receive, manage, and disburse any such contributions and the earnings thereon;

(c) Subject to the Act and these rules, issue tax credit certificates to contributors to the Fund;

(d) Establish a grant program that meets the requirements for a Venture Grant Program under the Act and these rules;

(e) Subject to available moneys from the Fund, provide qualified grant applicants with moneys for the purpose of facilitating the commercialization of university research and development; and

(f) Report to the Department of Revenue the amounts of tax credit certificates issued by the Institution and maintain records of licensing and royalty revenue received by the Institution as the result of grants made from the Fund and records of amounts paid to the General Fund under the Act.

(3) An Institution may deposit moneys received for its Fund in the Higher Education Donation Fund established under ORS 351.130. Interest earned by such moneys shall be credited to the Fund. The State Treasurer, as payment for expenses, may deduct a fee pursuant to ORS 293.718 from a Fund administered by an Institution.

(4) The use of moneys donated under these rules may not be directed by a Donor. Rather, all moneys shall be available for the purposes set forth in the Act and these rules without regard to specific Donor instructions, except that an Institution or its affiliated foundation may charge its customary administrative assessment to manage the Fund as permitted by the Act. Except as authorized by law, no other fees or indirect costs may be charged against the Fund or any associated grants or other disbursements from the Fund.

(5) At the election of an Institution, moneys in a Fund may be held in the form of an endowment. An Institution may discontinue endowment treatment at any time.

Hist: OSSHE 1-2006(Temp), f. & cert. ef. 2-9-06 thru 8-8-06; OSSHE 5-2006, f. & cert. ef. 7-24-06; OSSHE 5-2007(Temp), f. & cert. ef. 7-23-07 thru 1-18-08; OSSHE 2-2008, f. & cert. ef. 1-14-08

580-043-0070

Allocation of Authority to Institutions to Raise Funds and Issue Tax Credits

(1) The Board will not allocate fundraising or tax credit certificate issuance authority to an Institution until the Institution has established a Venture Development Fund in accordance with the Act and these rules.

(2) Oregon State University, Portland State University, and University of Oregon: The Board allocates fundraising authority and commensurate authority to issue tax credit certificates among Oregon State University, Portland State University, and the University of Oregon as follows:

(a) Portland State University: $.88 million;

(b) Oregon State University: $5.35 million;

(c) University of Oregon: $3.27 million.Such authority shall be contingent on the establishment of a Fund in accordance with the Act and these rules and subject to the rule on redistribution of authority to raise funds and issue tax credits.

(3) Eastern Oregon University, Oregon Institute of Technology, Southern Oregon University, and Western Oregon University: The Board by order or resolution shall allocate $500,000 in fundraising authority and commensurate authority to issue tax credit certificates among Eastern Oregon University, Oregon Institute of Technology, Southern Oregon University, and Western Oregon University. An allocation of authority shall be contingent on the establishment of a Fund in accordance with the Act and these rules and subject to the rule on redistribution of authority to raise funds and issue tax credits.

(4) Notwithstanding sections (2) and (3) of this rule, immediately upon deposit into the General Fund of amounts transferred by an Institution in repayment of tax credits previously issued, the Institution may issue new tax credits in an amount not to exceed the transferred amount.

(5) The amount owed to the General Fund by the Institutions, collectively, may not exceed $6 million at any one time.

Hist: OSSHE 1-2006(Temp), f. & cert. ef. 2-9-06 thru 8-8-06; OSSHE 5-2006, f. & cert. ef. 7-24-06; OSSHE 5-2007(Temp), f. & cert. ef. 7-23-07 thru 1-18-08; OSSHE 2-2008, f. & cert. ef. 1-14-08

580-043-0075

Redistribution of Authority to Raise Funds and Issue Tax Credits

No earlier than two years from the effective date of this rule, the Board, by order or resolution, may, to further the purposes of the Act, reallocate unused fundraising authority and commensurate authority to issue tax credit certificates from one Institution to another. An Institution may receive additional authority only if it has exhausted its existing authority or can demonstrate that it would likely do so. Reallocation of authority shall not require amendment of section 0070.

Hist: OSSHE 1-2006(Temp), f. & cert. ef. 2-9-06 thru 8-8-06; OSSHE 5-2006, f. & cert. ef. 7-24-06; OSSHE 5-2007(Temp), f. & cert. ef. 7-23-07 thru 1-18-08; OSSHE 2-2008, f. & cert. ef. 1-14-08

580-043-0080

Eligibility to Receive Grants

(1) Subject to compliance with these rules, an Institution may make grants to itself for use by a constituent part of the Institution or to Entities but not to Persons. Each Institution shall establish criteria for the receipt of grants under the Program. Each prospective recipient shall submit an application to the Institution. Each grant shall be documented and implemented through an appropriate grant agreement and each grant agreement shall provide that the recipient, if other than a public agency, remain in Oregon for at least five years following the final disbursement of funds under the agreement or repay the grant plus compound interest at 8 percent per annum. Other criteria shall be as determined by the Institution except for the following:

(a) All grants must be used to facilitate the commercialization of an Institution's research and development;

(b) Priority should be given to applicants who can demonstrate with specificity that their efforts will result in technology with high commercial potential, that they are close to realizing economic development potential, and that proof-of-concept funding will assist them in transforming research and development concepts into commercially viable products or services.

(2) To at least some degree, a Program as a whole, but not each individual grant, must provide:

(a) Capital for university entrepreneurial programs;

(b) Opportunities for students to gain experience in applying research to commercial activities;

(c) Entrepreneurial opportunities for persons interested in transforming research into viable commercial ventures that create jobs in this state; and

(d) Proof-of-concept funding for transforming research and development concepts into commercially viable products and services.

(3) Each institution shall screen potential awards for conflicts of interest. No award shall be made if an identified conflict of interest cannot be eliminated or managed.

Hist: OSSHE 1-2006(Temp), f. & cert. ef. 2-9-06 thru 8-8-06; OSSHE 5-2006, f. & cert. ef. 7-24-06

580-043-0085

Issuance of Tax Credit Certificates

(1) Taxpayers making a contribution to an Institution's Fund and wishing to receive a tax credit certificate evidencing that contribution must submit the contribution, together with an application for tax credit certificate, in a form designated by the Institution, to the Institution or, if directed by the Institution, to its affiliated foundation.

(2) An Institution or its affiliated foundation may begin accepting contributions and applications after the Institution's Fund has been established in accordance with the Act and these rules.

(3) An Institution shall consider applications for tax credit certificates in the chronological order in which the applications were received.

(4) An Institution shall act on an application for a tax credit certificate within 60 days of its receipt unless unanticipated or extraordinary circumstances reasonably prevent the Institution from acting within that timeframe, in which case the Institution shall act on the application as soon as reasonably possible thereafter.

(5) Subject to section 6 of this rule, an Institution shall approve an application for a tax credit certificate if the application is complete and the Institution has verified receipt of the contribution. Within 45 days of application approval, an Institution shall issue to the Taxpayer a tax credit certificate that specifies the amount of the contribution.

(6) An Institution shall deny an application for a tax credit certificate and may not issue a tax credit certificate to the Taxpayer if:

(a) The Taxpayer's contribution to the Fund, together with the amounts specified on all tax credit certificates previously issued by the Institution less amounts transferred into the General Fund, exceeds the Institution's then-current tax credit certificate issuance authority;

(b) The Taxpayer's application is incomplete; or

(c) The Institution cannot verify receipt of the Taxpayer's contribution.

(7) If an Institution denies a Taxpayer's application for a tax credit certificate, the Institution shall notify the Taxpayer in writing within 45 days of the denial.

(8) A Taxpayer who receives a notice of denial of an application for a tax credit certificate may request, in writing and within 90 days after the receipt of the denial, a refund of its contribution to the extent the contribution was actually received. The Institution shall ensure that the refund is issued within 60 days after its receipt of the request for the refund.

(9) Eligibility for a tax credit (as distinguished from the receipt of a tax credit certificate from an Institution) shall be subject to the Act, the rules of the Department of Revenue, and other applicable law.

Hist: OSSHE 1-2006(Temp), f. & cert. ef. 2-9-06 thru 8-8-06; OSSHE 5-2006, f. & cert. ef. 7-24-06; OSSHE 5-2007(Temp), f. & cert. ef. 7-23-07 thru 1-18-08; OSSHE 2-2008, f. & cert. ef. 1-14-08

580-043-0090

Tax Credit Certificate and Grant Record-Keeping and Reporting

(1) Each Institution shall retain copies of all tax credit certificates that it issues. Upon every issuance of a tax credit certificate by the Institution, upon transfer of moneys into the General Fund, and promptly after Board adoption of an order or resolution establishing or modifying the Institution's allocation of tax credit certificate issuance authority, the Institution shall calculate and record in its records the amount, if any, of its fundraising and tax credit certificate issuance authority then remaining unused.

(2) As requested by the Board from time to time but no less often than annually, each Institution shall submit a written report to the Board summarizing its fundraising activity, amounts transferred to the General Fund, and issuance of tax credit certificates since its most recent report to the Board under this section and specifying its fundraising tax credit certificate issuance authority and the amount of that authority remaining unused as of the date of the report. The report shall include the number of tax credit certificates issued, the amount of funds raised by the Institution, and the amounts transferred to the General Fund since its most recent prior report to the Board under this section.

(3) As requested by the Board from time to time but no less often than annually, each Institution shall submit a written report to the Board summarizing the grants made by the Institution under its Program and how they serve the goals of the Act and these rules.

Hist: OSSHE 1-2006(Temp), f. & cert. ef. 2-9-06 thru 8-8-06; OSSHE 5-2006, f. & cert. ef. 7-24-06; OSSHE 5-2007(Temp), f. & cert. ef. 7-23-07 thru 1-18-08; OSSHE 2-2008, f. & cert. ef. 1-14-08

580-043-0095

Recoupment of Tax Credits

An Institution that has established a Fund and has made grants under a Program shall monitor the use of such grants and identify sources of Gross Royalty Income received by the Institution as the result of the use of the grants. Gross Royalty Income results from the use of a grant when it is traceable to the grant. The Institution shall cause the transfer of 20 percent of such Gross Royalty Income to the General Fund but not to exceed the amount of the tax credits issued by the Institution as a result of contributions to the Fund. This does not preclude transfers from other sources. Immediately upon deposit of the transferred amount into the General Fund, the Institution may issue new tax credits in an amount not to exceed the transferred amount. The Institution shall maintain records of all transfers to the General Fund.

Hist: OSSHE 1-2006(Temp), f. & cert. ef. 2-9-06 thru 8-8-06; OSSHE 5-2006, f. & cert. ef. 7-24-06; OSSHE 5-2007(Temp), f. & cert. ef. 7-23-07 thru 1-18-08; OSSHE 2-2008, f. & cert. ef. 1-14-08

580-043-0100

Reports to the Legislative Assembly

An Institution that has established a Fund shall report annually to the Legislative Assembly or, if the Legislative Assembly is not in session, to the interim legislative committees on revenue. The report shall be at the end of the fiscal year of the Institution or of its affiliated foundation and provide information for that fiscal year. The Institution shall include in the report the following information pertaining to its Fund:

(1) The amount of donations received for the Fund;

(2) The amount of income received from the Fund;

(3) The amount of disbursements and grants paid from the Fund;

(4) The amount of income and royalties received from disbursements from the Fund; and

(5) The amount of moneys transferred from the Fund to the General Fund.

Hist: OSSHE 5-2007(Temp), f. & cert. ef. 7-23-07 thru 1-18-08; OSSHE 2-2008, f. & cert. ef. 1-14-08

DIVISION 46 INSTITUTION FOUNDATIONS

580-046-0005

Recognition of a Foundation

(1) An institution president may award recognition as an institution foundation to an entity that meets and maintains the requirements of these rules. Throughout division 046, "president" refers to an institution president and "foundation" refers to an institution foundation.

(2) Only one entity may have recognition as a foundation, except that the president may recognize other foundations existing at the time this rule is adopted. The president shall report all awards of recognition to the Chancellor. All private support of the institution not provided directly to the institution shall be through a recognized foundation, or affiliated or associated organizations as provided by 580-046-0020(4) and (5).

(3) To be eligible for recognition and to maintain continued recognition, a foundation must:

(a) Be created and operated with the primary purpose of support of the institution;

(b) Have as its purpose the solicitation, management and/or investment of private support for the benefit of the institution; and

(c) Be organized and operated in a manner to permit compliance with these rules.

(4) Procedures for Recognition:

(a) An entity seeking recognition as a foundation shall submit to the president for review its:

(A) Articles of incorporation;

(B) Bylaws; and

(C) Any other of its organic or enabling documents.

(b) A president shall notify the governing body of a foundation in writing of recognition and that compliance with these rules is a condition of continued recognition.

(c) The foundation shall submit all amendments to the documents described in subsection (4)(a) of this rule to the president who shall submit them to the Chancellor.

(5) State System Foundation:

(a) The Chancellor may recognize as the State System foundation an entity created to provide support to the Oregon State System of Higher Education.

(b) In the event of recognition, the procedure, conditions and limitations of these rules shall apply.

(c) In such instances, all references in these rules to a president shall be deemed to refer to the Chancellor and references to institution shall be deemed to refer to the State System. Where these require reports to the Chancellor, the Chancellor shall report to the President of the Board of Higher Education.

Hist.: HEB 7-1989, f. & cert. ef. 9-19-89; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef.

580-046-0010

Privileges and Responsibilities of Recognition

(1) Privileges of recognition by a president of a foundation may include:

(a) License to use the institution name, logos, informal seals, symbols and marks; and

(b) Use of institution resources in the manner provided by 580-046-0035(7).

(2) No individual, group or entity not awarded recognition under these rules shall use any of the privileges described in this rule or otherwise make use of the institution name except as expressly approved by the institution by license or contract.

(3) A foundation's governing body promptly shall provide to the president a resolution of acceptance of the condition expressed in 580-046-0005(4)(b), and such resolution of acceptance shall be reaffirmed annually.

Hist.: HEB 7-1989, f. & cert. ef. 9-19-89; HEB 5-1996, f. & cert. ef. 12-18-96

580-046-0020

Institution Foundation Organization, Affiliates, Relationships

(1) A foundation shall be organized and operated pursuant to the Oregon nonprofit corporation law.

(2) A foundation shall obtain and maintain status as a tax-exempt entity pursuant to Section 501(C)(3) of the federal Internal Revenue Code and other similar Oregon statutes.

(3) A foundation's articles of incorporation or other governing documents shall require that, upon its dissolution or withdrawal of recognition, the foundation's net assets shall, within the limitations imposed by legal and fiduciary rights and responsibilities, be distributed to the institution that awarded recognition, or another entity that has been awarded recognition by that institution pursuant to 580-046-0005.

(4) A foundation may include as part of its organization one or more affiliates that support a particular unit or activity of the institution but that are not separately incorporated.

(a) An affiliate may have an advisory board that reports to and is advisory to the foundation governing body. Institution employees may serve on an affiliate's advisory board so long as they do not comprise a majority of the advisory board membership nor a majority of any quorum of such body. Institution employees may provide staff support for an advisory board, subject to 580-046-0035(7).

(b) A foundation shall not delegate to an advisory board of an affiliate its authority to hire personnel or to enter into contracts.

(c) A member of each advisory board of an affiliate should serve on the foundation governing body whenever possible.

(d) No entity shall become an affiliate of a foundation until the affiliation is approved in writing by the president and reported to the Chancellor.

(5) A foundation may establish or associate with another entity interested in the institution, provided:

(a) The president in writing approves of such relationship prior to any operations and the president reports approval to the Chancellor;

(b) Such relationship does not impair or circumvent the requirements of 580-046-0025 and otherwise is consistent with the requirements of these rules; and

(c) All for-profit activities are approved by the president and reported to the Chancellor.

(6) Upon application of an institution, the Board of Higher Education may grant specific exemptions from the provisions of sections (4) and (5) of this rule.

Hist.: HEB 7-1989, f. & cert. ef. 9-19-89; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-046-0025

Foundation Independence from Institution

(1) A foundation shall be independent of the institution.

(2) To assure independence, a foundation's governing body, employees, and agents:

(a) Shall not be subject to control by the institution or an institution employee;

(b) Shall not give the appearance that the institution or any of its officers or employees control the foundation or its property, including investment of gifts and endowments made to the foundation.

(3) No institution employee may be a voting member of a governing body of the institution-recognized foundation.

Hist.: HEB 7-1989, f. & cert. ef. 9-19-89; HEB 1-1993, f. & cert. ef. 2-5-93

580-046-0030

President's Responsibilities, Additional Rules

(1) A president or designee shall be, and other institution employees may be, ex officio, nonvoting members of a foundation's governing body and of any executive or similar committee empowered to act for the governing body. Such appointments shall be described in all contracts entered into pursuant to 580-046-0035(7).

(2) The president shall monitor foundation activities and institution foundation relationships to ensure compliance with Board of Higher Education rules and periodically shall report thereon to the Chancellor.

(3) A president may establish additional written policies and guidelines applicable to a foundation consistent with these and all Board of Higher Education rules and Internal Management Directives. Such policies and guidelines shall be reported to the Chancellor and the Board prior to their adoption.

(4) The president shall report to the Chancellor as required by 580-046-0005(2) & (4)(c); 580-046-0020(4)(d), (5)(a), and (5)(c); 580-046-0030(2) & (3); 580-046-0035(3), (6)(b), (6)(c), & (7)(b); 580-046-0040(2)(a); & 580-046-0045(1) .

Hist.: HEB 7-1989, f. & cert. ef. 9-19-89

580-046-0035

oundation and Institution Operational Procedures, Gifts, Accounts, Institution Support, Contracts

(1) An institution employee may, consistent with ORS 351. 130, encourage gifts to the institution directly as well as through the foundation.

(2) In accepting gifts of any kinds, a foundation shall:

(a) Obtain institution approval of any restrictive terms and conditions, and advise donors that a restricted gift for the benefit of the institution may not be accepted without institution approval; and

(b) Coordinate with the institution's development office or other appropriate institutional officer regarding funding goals, programs or campaigns proposed by an institution.

(3) The foundation shall report gifts to the foundation and to an institution as a result of foundation activities. Such reports shall be made annually to the president. The president shall provide such reports to the Chancellor.

(4) Revenue received from an institution activity, other than through normal development activities, shall not be deposited in a foundation account.

(5) An institution and the institution-recognized foundation shall develop and implement guidelines regarding the identification of funds so that the intended donee, whether institution or foundation, actually receives the funds, subject to the following:

(a) If the foundation is the intended recipient of funds made payable to an institution, the funds shall first be deposited in a state account and then transferred to the foundation.

(b) Funds payable or gifts made to the institution shall not be transferred to the foundation unless accompanying documents demonstrate that the foundation is the intended recipient.

(c) If the foundation deposits funds in its accounts or receives other gifts intended for the institution, the foundation shall transfer those funds or gifts to the institution.

(6) Salaries, consulting fees, loans, perquisites or other benefits provided to or on behalf of an institution employee, other than a student employee, by a foundation shall be:

(a) Approved by the Board of Higher Education when paid to the president or other employee appointed directly by the Board of Higher Education.

(b) Approved by the president in writing, and reported to the Chancellor in instances where subsection (a) of this section does not apply.

(c) Paid by the foundation to the institution, which in turn will make payments to the employee in accordance with normal institution practice, except where the Chancellor approves a different form of payment. All exceptions shall be reported to the Board of Higher Education annually by the Chancellor.

(d) This subsection is not applicable to reimbursements for actual and necessary travel and other expenses incurred for authorized institution or foundation purposes that are reported by the foundation to the president annually.

(7) Institution Contract with Foundation:

(a) An institution may provide pursuant to a written contract limited and reasonable support to the foundation, including but not limited to the cost of utilities and janitorial services and all or part of the salary and related personnel costs of staff support, from funds otherwise available to the institution. As used in these rules, staff support is assistance by any personnel whose responsibilities and activities exclude policy making and other functions that would nullify the independence of the foundation from the institution.

(b) An institution providing support to a foundation shall contract with the foundation regarding the terms and conditions for implementing 580-046-0010(1) and subsection (7)(a) of this rule and may contract for other purposes consistent with these rules. Any such contract and amendments thereto shall:

(A) Accurately and fully describe the extent of such use and support and the consideration therefor;

(B) Be reviewed by an Assistant Attorney General assigned to the Oregon Department of Higher Education; and

(C) Be approved by the president and by the Chancellor or their respective designees.

(c) Funds received by an institution because of a contract with a foundation shall be placed in a current restricted account that is not a depository for donated or gift money.

Hist.: HEB 7-1989, f. & cert. ef. 9-19-89; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-046-0040

Foundation Activities

(1) Financial and other activities of a foundation shall be administered and reported in accordance with law, prudent business practices and generally accepted accounting principles.

(2) Audits and Financial Reports of the Foundation:

(a) A foundation shall be audited annually by a certified public accountant. The audit report shall be provided promptly to the president, who shall submit it and accompanying documents to the Chancellor. The audit report shall be accompanied by a current list of foundation officers, directors, trustees, managers and legal counsel and the officers of any group or entity described in 580-046-0020(4) and (5).

(b) A foundation shall permit the president or, after consultation with both the institution and foundation president, the Chancellor, using institution or OSSHE internal auditors, to inspect and audit all foundation books and records at reasonable times. The foundation shall provide such reports of and information on its financial status and operations as required by the president or the Chancellor in order to assure conformance by the institution and the foundation with these rules.

Hist.: HEB 7-1989, f. & cert. ef. 9-19-89; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

580-046-0045

Revocation of Recognition

(1) The president may revoke recognition as provided therein, if the president finds that a foundation or its operation conflict with these rules or the mission of the institution. The president shall inform and consult with the Chancellor regarding all activities involved in revocation of recognition and shall provide to the Chancellor copies of all documents relating thereto.

(2) Prior to ordering revocation of recognition, a president shall notify the foundation's governing body of the reasons that could form the bases for revocation of recognition. Within 30 days of receipt of the president's notification, the foundation may in writing propose actions to remedy the deficiencies described by the president.

(3) If the president approves the proposed actions, the foundation's governing body shall implement the proposals within a time specified by the president.

(4) If the president rejects the foundation's proposed actions or finds that they are not adequately implemented, the president may revoke recognition by a written order to the foundation's governing body specifying the reasons for revocation.

(5) An order revoking recognition may be appealed to the Board of Higher Education if filed with the Secretary of the Board within 30 days of the date the president issues the order revoking recognition. The Board shall review the president's decision but shall not reverse that decision unless the Board finds the president acted arbitrarily or capriciously.

(6) An order revoking recognition shall terminate the contract provided by 580-046-0035(7) and the privileges of recognition.

Hist.: HEB 7-1989, f. & cert. ef. 9-19-89; HEB 1-1993, f. & cert. ef. 2-5-93

DIVISION 55 OUS INFORMATION SECURITY POLICIES

580-055-0000

Executive Summary

(1) OUS has a responsibility to protect its Information Assets, business processes, and follow appropriate laws and regulation relating to information security.

(2) OUS will meet its obligations by each member institution implementing an ongoing information security program.

(3) Each Institution's President (or designee) will have overall responsibility for institution's program.

(4) Each Institution will assign Chief Information Security Officer (CISO) duties to a qualified person.

(5) Each Institution's CISO or equivalent will be responsible for the security program and for ensuring that institutional policies, procedures, and standards are developed, implemented, and maintained

(6) Each Institution will create Information Systems Policies that cover at a minimum: Classification Standards that at least identify Essential and Highly Sensitive data, processes, and systems; security baselines commensurate with classification; and labeling and handling standards for Highly Sensitive data, processes, and systems.

(7) Each Institution will create Personal Information and User Policies that cover at a minimum: Securing Personally Identifiable Information; Acceptable Use of Computing Resources; employee polices for security-sensitive personnel; and account management policies.

(8) Each Institution will create Security Operations policies that cover at a minimum: a notification and escalation plan for breaches of personally identifiable information, a risk assessment program; and an incident response plan.

(9) Each Institution will create Network and Telecommunications Policies that at a minimum ensure that Highly Sensitive Information Assets are in a secured zone on the network and are not transmitted outside of secured zones in clear text.

(10) Each Institution will establish physical security standards that protect Essential or Highly Sensitive Information Assets that are critical to the functioning of the institution and ensure that disposal procedures remove or render sensitive data irretrievable from hard drives, compact disks, external memory, PDAs, etc.

(11) Each Institution will establish a Disaster Recovery Plan for Essential Information Assets.

(12) Each Institution will develop awareness and training programs for all Information Asset users regarding Information Security.

(13) OUS Internal Audit will conduct periodic Information Security Policy Audits.

Hist.: OSSHE 4-2007, f. & cert. ef. 7-23-07

580-055-0010

Purpose

(1) The Oregon University System and its member institutions, collectively referred hereinafter as OUS, have a responsibly to protect information entrusted to them, ensure the effective operation of business critical processes, and must abide by the security policies established by the State Board of Higher Education as well as laws and regulation at the federal, state, and local level relating to information security. OUS must meet a standard of due care regarding the protection of institutional information assets as well as those belonging to OUS students, faculty members, customers, and research partners.

(2) OUS "Information Assets" include information and systems that are owned by OUS, information that OUS is obligated to keep secure by applicable law or by contract, and information exempt from disclosure under public records laws. OUS Information Assets are found in written, spoken, electronic, printed, magnetic, optical, and other mediums.

(3) The purpose of this policy is to document OUS management's intent regarding the protection of these Information Assets. It is to be used by each OUS institutions' management to develop, document, implement, and maintain local information security policy and programs.

Hist.: OSSHE 4-2007, f. & cert. ef. 7-23-07

580-055-0020

Goals

OUS member institutions will develop and implement ongoing information security programs, and assign clear and appropriate roles and responsibilities to the administration, IT personnel, and institutional community members. The basic objectives are to achieve and maintain:

(1) TRUST -- Ensure that institutions establish a baseline of security that will serve as a basis for the ongoing trust of OUS' information systems, engender confidence between OUS and its students, faculty members, customers, research partners, and the citizens of the State of Oregon.

(2) INTEGRITY -- Establish the concepts of due care, best practice, and security baselines as the basis for protecting the Information Assets of OUS in a manner commensurate with their sensitivity, value, and criticality to ensure they meet expectations of form, fit, and function.

(3) ACCOUNTABILITY -- Maintain the accountability of information users, preserve management options if there is asset misuse or abuse, ensure security of OUS's physical assets, and provide for business continuity.

Hist.: OSSHE 4-2007, f. & cert. ef. 7-23-07

580-055-0030

Authority and Scope

(1) This policy applies to the Oregon University System as organized and empowered by ORS chapters 351 and 352 and is specifically authorized under ORS 351.087. This policy is applicable to all OUS member institutions as well as all employees, students, contractors, consultants, agents, and vendors working on their behalf. It is applicable to all OUS Information Assets, regardless of form or media. It applies to information gathering, protection, use, processing, storage, communications, and transit.

(2) OUS Member Institution policies, procedures, standards, and work instructions are required to comply with this policy.

Hist.: OSSHE 4-2007, f. & cert. ef. 7-23-07

580-055-0040

Roles and Responsibilities

(1) The OUS Chancellor shall have overall oversight responsibility for the provisions of this policy.

(2) The OUS Chief Information Security Officer (CISO) shall have responsibility to develop, implement, maintain, and monitor compliance with this policy.

(3) Each member institution's President shall have overall oversight responsibility for institutional provisions set forth in this policy.

(4) Each member institution's Chief Information Officer (CIO), or equivalent, shall be responsible for ensuring that institutional policies are developed in accordance with this policy.

(5) Each member institution shall designate a CISO or equivalent. The institutions' CISO shall be responsible for the member institution's security program and for ensuring that institutional policies, procedures, and standards are developed, implemented, and maintained.

(6) All university community members have a responsibility to help ensure security of the Institution's Information Assets.

Hist.: OSSHE 4-2007, f. & cert. ef. 7-23-07

580-055-0050

Institutional Policy Requirements

(1) Security Management:

(a) Each member institution shall establish an ongoing information security program and assign clear and appropriate roles and responsibilities to their Administration, CIOs (or equivalent), CISO (or equivalent), and all local University community members. The President of each member institution (or their designee) will be responsible for establishing the program and ensuring that it is effective.

(b) Each member institution should create clear and consistent policy in accordance with their information security program, that outline general information security operations including such things as risk assessment procedures, incident response responsibilities, security testing, and day to day security compliance. The specifics of those policy requirements are outlined in the following sections.

(2) Information Systems Security:

(a) Information Systems are composed of three major components: data, applications, and infrastructure systems. All three must be addressed in order to ensure overall security of these assets. OUS Member institutions should establish policy, procedures, security controls, and standards that govern these assets. These policies should ensure that fundamental security principles, such as those documented as pervasive principles in the Generally Accepted Information Security Principles or those generally incorporated into the COBIT framework, are established and maintained.

(b) At a minimum each member institution shall establish:

(A) Information system classification standards. These standards shall ensure that Essential and/or Highly Sensitive data, applications, and infrastructure systems are identified and standards for handling them are developed. Member institutions may deem it appropriate to establish multiple levels of sensitivity or criticality.

(B) Security baselines for information systems. Security baselines are minimum set of operational guidelines that affect the relative security of an Information Asset. Baselines shall be appropriate to the level of sensitivity and criticality of the systems and ensure that the due care and best practice principles are met.

(3) User and Personal Information Security:

(a) Everyone interacting with information assets has a responsibility to ensure the security of those assets. Each member institution must create policies that articulate the rights, responsibilities, and roles of anyone interacting with Information Assets. Policies must take into account federal, state, and local laws, as well as other institutional policies. For example, FERPA requirements will require attention when dealing with student records and HIPPA requirements will require attention when dealing with health information. Policies should be made readily available to all interested parties.

(b) At a minimum, each member institution shall establish:

(A) Personal Information Policies. Member institutions are required to specifically define procedures for dealing with personally identifiable information. Information, such as social security numbers, credit card numbers, and driver's license information, is naturally sensitive and appropriate steps should be taken to protect the privacy of this type of information.

(B) Acceptable Use Policies. Member institutions are required to develop policies that define the parameters of acceptable use for all users of information resources within the organization. These policies must ensure that the use of Information Assets is consistent with standard security practices, ensures that those resources operate effectively, and that appropriate laws relating to Information Assets are followed. For example, these policies may include user resource use limitation, definitions of inappropriate behavior, copyright restrictions, commercial use restrictions, and confidentiality requirements. These polices should also include definitions of enforcement mechanisms in case of violation. Member institutions shall make it clear that prior notification is not a requirement for applicability of the policy and they shall clearly state that there should be no expectation of privacy while using institutional resources.

(C) Security Sensitive Personnel Policies. Employees that have access to essential or highly sensitive data and processes should be designated as serving in critical or security-sensitive capacities as per OAR 055.055 and be subject to the appropriate employment policies of the institution.

(D) Account management Polices. Member institutions are required to develop policies that ensure appropriate management of user accounts. These polices shall: establish and maintain accountability, timely notification of access changes and terminations, timely response to these notifications; and periodic reconciliation of accounts to active users, privileges, and separation of duty requirements. This includes students, employees, contractors, vendors.

(4) Security Operations:

(a) OUS member institutions have a responsibility to construct operational standards and policies that ensure due care is taken to secure Information Assets. These operational standards and policies should include reasonable and appropriate proactive and reactive measures to protect Information Assets from unauthorized access, disruption of normal operations, and that comply with appropriate laws and regulations. In particular, member institutions should provide anti-virus software, a system to distribute current anti-virus definitions, and a security patch management system for commonly used operating systems.

(b) At a minimum each member institution shall establish:

(A) An incident response plan. This plan shall include a threat containment strategy, an intrusion detection system, and a mechanism for tracking and reporting security breaches.

(B) A notification and escalation plan for security breaches involving personally identifiable information. This plan shall include clearly defined criteria used to determine that personally identifiable information has been exposed and has been, or it is reasonably believed to have been, obtained by an unauthorized person. This plan shall also include clear escalation and notification steps when such an event occurs and the means by which the member institution's administration, OUS' administration, appropriate law enforcement agencies, and the people that could be identified by the information in question, are notified of the breach.

(C) An ongoing risk assessment program. This program should regularly identify and track all Essential and/or Highly Sensitive Information Assets, and verify that the appropriate security baseline is in place and being followed with respect to those Information Assets.

(5) Network and Telecommunications Security:

(a) OUS member institutions have a responsibility to ensure secure management of their local networks. Member institutions should have the ability to control who connects to their networks, the ability to create secure zones with restricted access on their networks, and be able to ensure the effective operation of their networks.

(b) At a minimum each member institution shall establish:

(A) Secured Zones for Essential and Highly Sensitive Information Assets. These zones shall be created by employing standard network technology to restrict access at the network level to authorized personnel only.

(B) Policies that prohibit transmission of unencrypted Highly Sensitive data outside of secured zones.

(6) Physical and Environmental Security:

(a) Each member Institution should establish procedures for the physical protection of its Information Assets. Protection of physical equipment or of software and data residing on storage media, from theft, loss, damage, or improper use should be addressed. Particular attention must be paid where access to or function of Essential or Highly Sensitive Information Assets is concerned; however, member institutions should also consider physical security for computers and other local Information Assets housed in departmental work areas or under departmental control, such as laptop computers, PDAs, etc. Member institutions should adopt policies that only allow Highly Sensitive data to be permanently retained on portable equipment if protective measures, such as encryption, are implemented that safeguard the confidentiality and integrity of the data in the event of theft or loss of the portable equipment.

(b) At a minimum, member Institutions shall develop policies and procedures to:

(A) Protect physical areas containing Information Assets that represent Essential or Highly Sensitive information systems that are critical to the functioning of the institution.

(B) Ensure that disposal procedures remove or render sensitive data irretrievable from hard drives, compact disks, external memory, PDAs etc.

(c) In addition, physical inventories of equipment should be completed and maintained in accordance with section 55.100 of the OUS Fiscal Policy Manual.

(7) Disaster Recovery:

(a) As part of ongoing business continuity planning, member institutions are responsible for preparing, periodically updating, and regularly testing a campus Disaster Recovery Plan. This plan should address recovering from a disaster that renders Essential Information Assets unavailable for an unacceptable period of time. Such a Disaster Recovery Plan should establish the frequency of testing member institution disaster recovery procedures. Member institutions should ensure that any local operations procedures are coordinated with overall institutional disaster preparedness plans.

(8) Awareness, Education, and Training:

(a) Member institutions are required to develop methods for increasing the level of awareness of information security issues among their constituents. Awareness and training programs may be carried out using a number of different approaches, including document distribution, software distribution, web publishing, and internal or external training sessions. These programs should be carried out on a regular basis and they should be periodically reevaluated in order to assess their effectiveness.

(b) At a minimum, users should be made aware of their roles and responsibilities within the organization as they relate to the security of Information Systems. Users should also be informed of all policies and procedures that may apply to them. Contact information for central IT Security personnel, as well as department IT personnel, should be made available. Users should be informed of whom to contact and appropriate measures to take in the event of a security incident. Policies and procedures should be made readily available in accessible locations.

(c) Educational or training materials should be made available in order to educate users on standard security practices. Training on basic computer security concepts should be provided. These concepts include the following: operating system patching, built-in firewalls, anti-virus software, password management, and browser and e-mail security. Additional training should be offered in areas that are of particular concern to the institution.

Hist.: OSSHE 4-2007, f. & cert. ef. 7-23-07

580-055-0060

Policy Review Process

The OUS CISO will review this policy annually to ensure that it complies with applicable law and Board Policies. Should this policy be revised, the CIOs (or equivalent) of each member institution will be notified to ensure local policies are reviewed and revised as appropriate.

Hist.: OSSHE 4-2007, f. & cert. ef. 7-23-07

580-055-0070

Audit

The OUS internal audit office has the authority to conduct periodic information security policy audits using the COBIT framework or suitable substitute to ensure compliance and notify each member institution of any noted deficiencies.

Hist.: OSSHE 4-2007, f. & cert. ef. 7-23-07

580-055-0080

Glossary

(1) Anti-Virus -- Programs that identify malicious code installed on computers without the owner/operator's knowledge or consent.

(2) Applications -- Computer programs that collect, process, or otherwise manipulate data.

(3) Best Practice -- Generally accepted industry practices that have been broadly adopted and considered standard.

(4) Built-in Firewall -- Functions within the local operating system of a computer that limit what other machines on the network can connect to it.

(5) Business Continuity -- The ability for business processes and functions to continue and for an organization to continue to function despite emergencies, major disruptions, etc.

(6) CIO -- Chief Information Officer. The executive level position in an organization that is generally in charge of the Information Technology division and is responsible for the overall IT operations of an organization.

(7) CISO -- Chief Information Security Officer. Generally, the CISO function is one of being responsible for the Information Security Program.

(8) Data -- Information stored electronically, or in print.

(9) Due Care -- The conduct that a reasonable man or woman will exercise in a particular situation in looking out for the safety of others. If one uses due care, then an injured party cannot prove negligence. This is one of those nebulous standards by that negligence is tested. Each juror has to determine what a "reasonable" man or woman would do.

(10) Essential Information Assets -- Those Information Assets that are critical to the function of the member institution and without which the normal business functions of the member institution cannot occur.

(11) FERPA -- Family Educational Rights Privacy Act. This federal act protects student records, other than directory information, as private information available only to those with an educational need to know.

(12) HIPPA -- Health Information Protection and Privacy Act. This federal act protects health records as private information.

(13) Highly Sensitive Information Assets -- Those Information Assets that OUS is obligated by law or contract to protect or that represent obviously confidential data that, if released, would represent some actual legal liability to the member institution.

(14) Incident Response -- The planned reaction to a breach of security that includes identifying the breach, closing it, and mitigating its effect.

(15) Information Assets -- Information and systems that are owned by OUS, information that OUS is obligated to keep secure by applicable law or by contract, and information exempt from disclosure under public records laws. OUS Information Assets are found in written, spoken, electronic, printed, magnetic, optical, and other mediums.

(16) Information Systems -- A collection of computers and processes that interact with each other to manipulate, transmit, and store data.

(17) Infrastructure Systems -- Computers and network devices and the operating systems that run them.

(18) Institutional Community Members -- faculty, staff, students, vendors, visitors, affiliates, courtesy faculty, etc. In short, all persons who have a relationship with the Institution and therefore may interact with Information Assets of the Institution.

(19) Intrusion Detection System -- A program or series of programs that watch network traffic and other activities to identify intrusion attempts and compromised machines.

(20) Risk Assessment -- In the context of information security, risk assessment is the determination of both the importance of all Information Assets and their likelihood of being accessed by an unauthorized person or of their function being intentionally impaired by someone.

(21) Security Baseline -- A minimum set of operational guidelines that affect the relative security of an Information Asset. These guidelines would typically cover such things as firewall settings and network access controls, local permissions, password change policy, operating system patch management, anti-virus policy, and physical access controls.

(22) Security Breach -- Theft or unauthorized acquisition of Information Assets by a person that harms or poses an actual threat to the security, confidentiality, or integrity of those assets.

(23) Security Controls -- Procedures to follow that help establish and maintain Authentication, Authorization, and Access to Information Assets. These controls include such things as verifying identity, giving access to Information Assets based on job function or duties, network appliances that restrict connections coming from the Internet or unsecured zones, etc.

(24) Threat Containment -- Reactive measure to ensure that a security breach is contained to affected systems and that those systems are not able to be used to launch successful intrusion attempts to other systems.

(25) Operating System -- The series of programs loaded on a computer that operates it. Common operating systems include Windows, MacOS, and Unix.

(26) OUS Member Institutions -- The Chancellor's Office, Eastern Oregon University, Oregon Institute of Technology, Oregon State University, Portland State University, Southern Oregon University, University of Oregon, and Western Oregon University.

(27) Password Management -- The practice of creating and maintaining passwords on a system that are not easily guessed, programmatically determined, or otherwise obtained by unauthorized persons. This generally means requiring a base level of complexity in the password, and that it is changed on a regular basis.

(28) Personally Identifiable Information -- A combination of name and one or more other data elements that could uniquely identify an individual for the purpose of providing restricted access. This term may be formally defined shortly in anti "ID Theft" legislation. Common data elements used in combination with name are: Social Security number, driver's license numbers, date of birth, account number (such as credit or debit card number), account passwords (including pass phrases such as mother's maiden name), identification number issued by a foreign nation, passport number, biometric data, etc.

Hist.: OSSHE 4-2007, f. & cert. ef. 7-23-07

DIVISION 60 REAL PROPERTY, FACILITY, AND CAMPUS PLANNING

580-060-0000

Authority

These rules establish the procedures that will be followed by Public Universities of the Oregon University System to acquire, receive, hold, control, convey, sell, manage, operate, lease, lend, improve, and develop all real property of the Public Universities under the control of the Board.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 5-2013, f. & cert. ef. 11-1-13

580-060-0005

Definitions

All capitalized terms in chapter 580, division 60 have the meanings set forth in 580-061-0010 unless the context requires otherwise or except as stated.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08

580-060-0010

Comprehensive Plan Coordination

Each of the Public Universities will maintain a long-range campus development plan covering all real property under its control and management. The combined Public University plans will be known as the Oregon University System Comprehensive Plan. Institutional plans, and revisions thereof, will be approved by the President and by the Chancellor or designee. The Chancellor or designee will approve revisions to the campus boundaries.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 5-2013, f. & cert. ef. 11-1-13

580-060-0015

Records

Each OUS Public University will maintain the official records of all documents that affect real property under its control and management. Documents affecting real property include, but are not limited to, all instruments that acquire, transfer, sell, or alter the character of land.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 5-2013, f. & cert. ef. 11-1-13

580-060-0020

Purchase of Real Property

(1) All purchases of real property will be for the present or future development of the Public University.

(2) Legal title to all real property purchased must be taken and held in the name of the State of Oregon.

(3) The President is delegated the authority to execute conveyances for the purchase of real property after the following have been performed to satisfaction of the President:

(a) Obtain at least one appraisal by a licensed and experienced real estate appraiser estimating the fair market value;

(b) Complete an environmental assessment and determine that any risk associated with the real property is reasonable;

(c) Determine that sufficient ongoing revenues are available to operate and maintain the property

(4) If the consideration for the purchase is $5,000,000.00 or more, the President must receive the prior approval of the State Board of Higher Education or an appropriate standing committee of the Board.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 5-2013, f. & cert. ef. 11-1-13

580-060-0025

Gifts of Real Property

(1) Legal title to all real property gifted to a Public University must be taken and held in the name of the State of Oregon.

(2) The President is delegated the authority to execute conveyances for the gift of real property after the following have been performed to satisfaction of the President:

(a) Complete an environmental assessment and determine that any risk associated with the real property is reasonable under the circumstances;

(b) Determine that sufficient ongoing revenues are available to operate and maintain the property.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 5-2013, f. & cert. ef. 11-1-13

580-060-0030

Condemnation

Acquisition of real property by condemnation will be conducted in accordance with ORS Chapter 35 and must be approved by the Board.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08

580-060-0035

Sale of Real Property

(1) The university president is delegated the authority to execute conveyances for the sale of real property after the following have been performed to satisfaction of the university president:

(a) Obtain at least one appraisal by a licensed and experienced real estate appraiser estimating the fair market value;

(b) Verify with the Chancellor’s Office regarding whether any tax exempt financing was used to purchase or improve the property and, if any such debt remains outstanding, coordinate with the Chancellor’s Office to ensure continued compliance with IRS regulations.

(2) If the consideration for the sale is $5,000,000.00 or more, the university president must receive the prior approval of the State Board of Higher Education or an appropriate standing committee of the Board.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 5-2013, f. & cert. ef. 11-1-13

580-060-0040

Easements

(1) The President is delegated the authority to execute easements and other nonpossessory interests in real estate.

(2) If granting an easement, the President shall first verify with the Chancellor’s Office regarding whether any tax exempt financing was used to purchase or improve the property and, if any such debt remains outstanding, coordinate with the Chancellor’s Office to ensure continued compliance with IRS regulations.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 5-2013, f. & cert. ef. 11-1-13

580-060-0045

Use of Board Property

(1) If a Public University intends to lease or license real property owned by the Board and either (a) the term of the lease or license exceeds 50 days in total or (b) the arrangement was not set at fair market value, then prior to the execution of the lease or license, the President or designee will confer with the OUS Controller's Division to determine compliance with bond restrictions.

(2) The President or designee will obtain prior approval of the State Board of Higher Education or an appropriate standing committee of the Board for agreements permitting the construction on or renovation to Board-owned property if such improvements exceed $5 million during the term of the agreement. To obtain approval from the State Board of Higher Education or an appropriate standing committee of the Board, the Public University must specify where funding for operations and maintenance will come from.

(3) If the Public University permits construction on or renovation to Board-owned property, the Public University must approve all plans and specifications prior to the commencement of work and obtain record drawings upon termination of the agreement or completion of the work, whichever first occurs.

(4) Public Universities normally will not make available Public University buildings and other facilities to individuals for essentially private use or to outside organizations, unless approved in Public University policy or required by law. Exceptions will be made only if the proposed use is consistent with Public University policies and missions and the individual or organization fully reimburses the Public University for all appropriate costs.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 5-2013, f. & cert. ef. 11-1-13

580-060-0050

Leases

(1) A President is delegated the authority to execute leases of real property.

(2) If the consideration for the lease is from $5,000,000 to $15,000,000 or the term of the lease is over 10 years but less than 15 years, the President must receive the prior approval of the Chancellor.

(3) If the consideration for the lease is over $15,000,000 or the term of the lease is over 15 years, the President must receive the prior approval of the State Board of Higher Education or an appropriate standing committee of the Board.

(4) Prior to executing an amendment to a lease, the President must receive approval under subsection (2) or (3) based on the consideration or term of the amended lease.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 4-2011(Temp), f. & cert. ef. 11-10-11 thru 5-7-12; Administrative correction, 5-25-12; OUS 9-2012, f. & cert. ef. 6-18-12; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 5-2013, f. & cert. ef. 11-1-13

580-060-0055

Naming Buildings

A President is authorized to name buildings. No building or structure of the Oregon University System will be named after a living person. However, the Chancellor, or designee may make exceptions to this rule if a donor contributes a substantial share of the cost of construction or if other unusually meritorious reasons exist.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 1-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 5-2013, f. & cert. ef. 11-1-13

DIVISION 61 OUS PROCUREMENT AND CONTRACTING CODE

580-061-0000

Code of Ethics

(1) The following Code of Ethics will apply to Oregon University System employees in relation to chapter 580, divisions 60, 61, 62, and 63. Employees will:

(a) Give first consideration to the objectives and policies of the Board, OUS, and the Public University;

(b) Strive to obtain the best value for expenditures;

(c) Fairly consider prospective Contractors insofar as state or federal statutes and Public University rules and policies require;

(d) Conduct business in an atmosphere of good faith;

(e) Demand honesty in representations made by prospective Contractors;

(f) Promote competition by encouraging the participation of Oregon businesses, emerging small and minority-owned and women-owned businesses, and Qualified Rehabilitation Facilities;

(g) Comply with the applicable provisions of ORS Chapter 244 and other applicable rules and policies on conflict of interest that may be more restrictive;

(h) Refrain from having financial interests incompatible with the impartial, objective, and effective performance of duties. Activities that may create a conflict of interest must be addressed in accordance with the procedures outlined in the Oregon University System's Internal Management Directives and other applicable rules and policies;

(i) Receive the written consent of the originator of proprietary ideas and designs before using them; and

(j) Foster fair, ethical, and legal trade practices.

(k) Execute the OUS Conflict of Interest Statement before any person may participate in the evaluation or selection of a Contractor or vendor under a Formal Procurement process.

(l) On an annual basis, sign a statement that the employee has reviewed and will comply with the OUS Code of Ethics.

(2) This code is for the Oregon University System's internal use only and creates no obligations enforceable by Contractors, Proposers, Bidders, or other parties doing business with an Public University, nor may it be used by Contractors, Proposers, Bidders, or other parties doing business with a Public University who are challenging actions taken by an Public University or its officers, employees, or agents. This code may not be the only statement on ethics applicable to an employee.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13

580-061-0005

Applicable Model Public Contract Rules

The Attorney General's Model Public Contract Rules adopted by the Oregon Attorney General pursuant to ORS 279A.065 are generally inapplicable to the contracting activities of Public Universities unless specifically referenced and adopted herein.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13

580-061-0010

Definitions

The following Definitions will apply to chapter 580, divisions 60, 61, 62, and 63, unless the context requires otherwise:

(1) “Addendum” or “Addenda” means an addition to, deletion from, a material change in, or general interest explanation of the Solicitation Document. Addenda will be labeled as such and posted on the OUS procurement website for access by all interested Offerors.

(2) “Award” or “Awarding” means, as the context requires, identifying the Entity with whom the Public University intends to enter into a Contract following the resolution of any protest of the selection of that Entity and the completion of all Contract negotiations.

(3) "Bid" means an offer, binding on the Bidder and submitted in response to an ITB.

(4) "Bidder" means an Entity that submits a Bid in response to an ITB.

(5) "Board" means the Oregon State Board of Higher Education.

(6) "Change Order" or "Contract Amendment" means a written order issued by a Public University to the Contractor requiring a change in the Work within the general scope of the original Contract.

(7) "Closing" means the date and time specified in a Solicitation Document as the deadline for submitting Bids or Proposals.

(8) "Competitive Process" means the process of procuring goods and services and construction-related services by fair and open competition, under varying market conditions, with the intent of minimizing opportunities for favoritism and assuring that Contracts are award equitably and economically using various factors in determining such equitability and economy.

(9) "Contract" means a contract for sale or other disposal, or a purchase, lease, rental, or other acquisition, by a Public University of personal property, services, including personal or professional services, public improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a Public Improvement. "Contract" does not include grants. "Contract" may also mean a purchase order, Price Agreement, or other Contract document in addition to a Public University’s Solicitation Document and the accepted portions of a Solicitation Response.

(10) "Contract Officer" means the Vice President for Finance and Administration or his or her designee at the Public University or the Vice Chancellor for Finance and Administration or his or her designee with the authority to negotiate and execute Contracts.

(11) "Contract Price" means, as the context requires, the maximum monetary obligation that a Public University either will or may incur under a Contract, including bonuses, incentives and contingency amounts, Addenda, Change Orders, or approved alternates, if the Contractor fully performs under the Contract.

(12) "Contractor" means the Entity awarded a Contract to furnish a Public University goods, services, or Work.

(13) "Days" means calendar days, including weekdays, weekends, and holidays, unless otherwise specified.

(14) "Disadvantaged Business Enterprise" means a small business concern as defined in ORS 200.005.

(15) "Disqualification or Disqualify" means the preclusion of an Entity from contracting with an agency of the State of Oregon in accordance with 580-061-0160.

(16) "Electronic Solicitation Response" means a response to a Solicitation Document submitted to a Public University via the World Wide Web or some other internet protocol.

(17) "Emergency" means an unexpected, serious situation that creates a significant risk of loss, damage, interruption of service, or threat to the public health or safety that requires prompt action to remedy the condition.

(18) "Emerging Small Business" means an Emerging Small Business as defined in ORS 200.005 and that maintains a current certification issued by the Oregon Department of Consumer and Business Services.

(19) "Entity" means a natural person capable of being legally bound, sole proprietorship, corporation, partnership, limited liability company or partnership, limited partnership, profit or nonprofit unincorporated association, business trust, two or more persons having a joint or common economic interest, or any other person with legal capacity to contract, or a government or governmental subdivision.

(20) "Grant" means:

(a) An agreement under which a Public University receives money, property, or other assistance, including, but not limited to, federal assistance that is characterized as a Grant by federal law or regulations, loans, loan guarantees, credit enhancements, gifts, bequests, commodities, or other assets, from a grantor for the purpose of supporting or stimulating a program or activity of the Public University and in which no substantial involvement by the grantor is anticipated in the program or activity other than involvement associated with monitoring compliance with the Grant conditions; or

(b) An agreement under which an Public University provides money, property, or other assistance, including, but not limited to, federal assistance that is characterized as a Grant by federal law or regulations, loans, commodities, or other assets, to a recipient for the purpose of supporting or stimulating a program or activity of the recipient and in which no substantial involvement by the Public University is anticipated in the program or activity other than involvement associated with monitoring compliance with the Grant conditions.

(c) "Grant" does not include a Public Improvement Contract or a Contract for Emergency Work.

(21) “Historically Underrepresented Business” means Minority Business Enterprises, Women Business Enterprises, and Emerging Small Businesses certified by the State of Oregon or self-certified, and firms certified federally or by another state or entity with substantially similar procedures to the State of Oregon.

(22) "Invitation to Bid" (ITB) means a Solicitation Document for the solicitation of competitive, written, signed, and Sealed Bids in which Specifications, price, and delivery (or project completion) are the predominant award criteria.

(23) "Minority Business Enterprise" means a Minority Business Enterprise as defined in ORS 200.005 and that maintains a current certification issued by the State of Oregon.

(24) "Opening" means the date, time, and place specified in the Solicitation Document for the public opening of written or electronically submitted Solicitation Responses.

(25) “Offeror” means the entity submitting a binding Solicitation Response.

(26) "OUS Retainer Program" means Contracts by which, pursuant to a Solicitation Document, multiple Contractors are authorized to provide specific materials to or perform specific services for a Public University(ties). Contractors on an OUS Retainer Program may provide goods or services on a non-exclusive and as-needed basis. OUS Retainer Programs are administered centrally by the Vice Chancellor for Finance and Administration or designee.

(27) "Owner" means the Board, in its own right or on behalf of one of its Public Universities as identified in the Solicitation Document, also known as the Oregon University System (OUS).

(28) "President" means the president of one of the Public Universities and, in the case of the Chancellor's Office, the Chancellor. Where the term " President" is used, it refers to the president of the Public University (or Chancellor) as context requires.

(29) "Personal or Professional Services" means a Contract with an Entity whose primary purpose is to acquire specialized skills, knowledge, and resources in the application of technical or scientific expertise, or the exercise of professional, artistic, or management discretion or judgment, including, without limitation, a Contract for the services of an accountant, physician or dentist, educator, consultant, broadcaster or artist (including a photographer, filmmaker, painter, weaver, or sculptor). "Personal or Professional Services" under this definition does not include architects, engineers, planners, land surveyors, appraisers, construction managers, and similar professional consultants for construction work.

(30) "Price Agreement" means a nonexclusive agreement in which the Contractor agrees to provide specific items or services to a Public University at a set price during a specified period of time.

(31) "Proposal" means a binding competitive offer submitted in response to a Request for Proposals.

(32) "Proposer" means an Entity that submits a Proposal in response to a Request for Proposals.

(33) "Public Improvement" means a project for construction, reconstruction, or major renovation on real property by or for a Public University. "Public Improvement" does not include:

(a) Projects for which no funds of an Public University are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection; or

(b) Emergency Work, minor alteration, ordinary repair or maintenance necessary to preserve a Public Improvement.

(34) "Public Improvement Contract" means a Contract for a Public Improvement. "Public Improvement Contract" does not include a Contract for Emergency Work, minor alterations, or ordinary repair or maintenance necessary to preserve a Public Improvement.

(35) "Public University" means a university under the authority of the Board, including the Chancellor's Office.

(36) "Public Work" is defined by the Bureau of Labor and Industries (BOLI) in ORS 279C.800(6).

(37) "Qualified Rehabilitation Facility" means a nonprofit activity center or rehabilitation facility authorized by the Oregon Department of Administrative Services to provide goods or services in accordance with ORS 279.835 et seq.

(38) "Request for Information (RFI)" means a Solicitation Document seeking information regarding products or services that a Public University is interested in procuring.

(39) “Request for Proposals (RFP)" means a Solicitation Document to obtain competitive Proposals to be used as a basis for making an acquisition or entering into a Contract when price will not necessarily be the predominant award criteria.

(40) "Request for Qualifications" means a Solicitation Document issued by a Public University to which interested Contractors respond in writing by describing their experience with and qualifications to provide the services described in the Solicitation Document.

(41) “Request for Quotes” means a Solicitation Document to obtain competitive quotes to be used as a basis for making an acquisition or entering into a Contract when best value will be the award criteria.

(42) "Responsible Offeror" means an Entity that demonstrates their ability to perform satisfactorily under a Contract by meeting the applicable standards of responsibility outlined in 580-061-0130.

(43) "Responsive Solicitation Response" means a Solicitation Response that has substantially complied in all material respects with the criteria outlined in a Solicitation Document.

(44) “Retainer Contract" means a Contract by which, pursuant to a Solicitation Document, multiple Contractors are authorized to provide specific supplies or equipment to or perform specific services for a Public Universities. Contractors on a Retainer Contract may provide goods or services on a non-exclusive and as-needed basis.

(45) “Sealed” means a Solicitation Response to an RFP or an ITB that has not been opened by the Public University or a Solicitation Response delivered by electronic means that has not been distributed beyond the Public University personnel responsible for receiving the electronically submitted Solicitation Response.

(46) "Signed or Signature" mean any Written mark, word, or symbol that is made or adopted by an Entity with the intent to be bound and that is attached to or logically associated with a Written document to which the Entity intends to be bound.

(47) "Single Seller" means the only Contractor of a particular product or service reasonably available.

(48) "Solicitation Document" means an Invitation to Bid, Request for Proposals, Request for Qualifications, Request for Information or any other written document issued or posted on the OUS procurement website by a Public University that outlines the required Specifications necessary to submit a Bid, Proposal, or other response.

(49) “Solicitation Response” means a binding offer submitted in response to a Solicitation Document.

(50) "Specifications" means a description of the physical or functional characteristics, or of the nature of the goods or services, including any requirement for inspecting, testing, or preparing the goods or services for delivery and the quantities or qualities of the goods or services to be furnished under a Contract. Specifications generally will state the result to be obtained and may describe the method and manner of performance.

(51) "Women Business Enterprise" means a Women Business Enterprise as defined in ORS 200.005 and that maintains a current certification issued by the Oregon Department of Consumer and Business Services.

(52) "Work" means the furnishing of all materials, equipment, labor, transportation, services, and incidentals necessary to successfully complete any individual item or the entire Contract and carrying out and completion of all duties and obligations imposed by the Contract.

(53) "Written or Writing" means letters, characters, and symbols inscribed on paper by hand, print, type, or other method of impression intended to represent or convey particular ideas or means. “Written” or "Writing," when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters, and symbols made in electronic form and intended to represent or convey particular ideas or meanings.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 5-2011(Temp), f. & cert. ef. 11-10-11 thru 5-7-12; Administrative correction, 5-25-12; OUS 10-2012, f. & cert. ef. 6-18-12; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0015

Purchasing and Contract Records

(1) Public Universities will maintain records relating to all Public University purchasing and contracting transactions in accordance with the requirements of the Secretary of State and OUS administrative rules.

(2) Documentation of all purchasing and contracting transactions will be made available for inspection by the public as outlined in applicable public records laws.

(3) Public Universities will maintain records relating to all Public University purchasing and contracting transactions that may include:

(a) An executed Contract and any amendments or Change Orders;

(b) The record of the actions used to develop the Contract;

(c) A copy of the Solicitation Document, if any;

(d) Any required findings or statement of justification for the selection of the Contractor or the procurement method used;

(e) The record of any negotiation of the Specifications, the Work, the Contract Price and related Contract terms;

(f) All information describing how the Contractor was selected, including the basis for awarding the Contract;

(g) The names of Entities and cost estimates considered.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13

580-061-0020

Designation of Contract Officers

Each Public University Vice President for Finance and Administration or the Vice Chancellor for Finance and Administration will designate staff authorized to enter into Contracts and Public Improvement Contracts for the Public University.

(1) Public Universities will maintain a list identifying Contract Officers and describing the types and Contract Price of Contracts and Public Improvement Contracts they are authorized to enter into. Public Universities will provide an updated list annually to the Chancellor's Office. The Vice Chancellor for Finance and Administration may designate staff authorized to enter into Contracts and Public Improvement Contracts on behalf of all Public Universities.

(2) Contracts or Public Improvement Contracts entered into by individuals not designated as authorized Contract Officers and unauthorized procurements or expenditures that do not follow the OUS Procurement and Contracting Code will be voidable at the sole discretion of the Public University. Public Universities may take appropriate action in response to execution of Contracts or procurements contrary to this rule. Such actions include, but are not limited to, providing educational guidance, imposing disciplinary measures, and holding individuals personally liable for such Contracts or procurements.

(3) Authorized Contract Officers will be responsible for ensuring that the proper procedures are followed as outlined in chapter 580, divisions 60, 61, 62, and 63.

(4) Unless otherwise specified in chapter 580, divisions 60, 61, 62, and 63, the Contracting Officer will perform all the duties of the Owner on behalf of the Board.

(5) The President may, by Written agreement with the President of another Public University or the Chancellor, and after notice to the Chancellor, transfer such delegation to a person at another Public University.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0025

Policy Governing the Acquisition of Goods and Services available from Qualified Rehabilitation Facilities

Public Universities will purchase goods and services from Qualified Rehabilitation Facilities in accordance with the provisions of ORS 279.835 to 279.855 and applicable administrative rules.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13

580-061-0030

Affirmative Action; General Policy

(1) The general policy of OUS Public Universities will be to expand economic opportunities for Historically Underrepresented Businesses by offering them the contracting and subcontracting opportunities available through Public University Contracts. Notice of all Contracts over $25,000 procured through a Competitive Process will be provided to the Advocate for Minority, Women, and Emerging Small Business, unless otherwise provided, by fully completing the information set out on the OUS procurement website. Public Universities are encouraged to unbundle contracts, when appropriate, to expand contract opportunities for Historically Underrepresented Businesses and Oregon-based businesses.

(2) OUS will not knowingly contract with or procure goods or services from any Entity that discriminates on the basis of age, disability, national origin, race, marital status, religion, sex, or sexual orientation.

(3) Offerors will certify, as part of the Solicitation Response that such Offeror has not discriminated against Historically Underrepresented Businesses in obtaining any required subcontracts.

(4) Public Universities will comply with the OUS Equity Contracting and Purchasing Policy and Data Reporting Procedures.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 5-2011(Temp), f. & cert. ef. 11-10-11 thru 5-7-12; Administrative correction, 5-25-12; OUS 10-2012, f. & cert. ef. 6-18-12; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0035

Emerging Small Business Program

(1) The Board encourages participation of Emerging Small Businesses by creating an Emerging Small Business Program. The Emerging Small Business Program is limited to businesses that meet the definition in ORS 200.005(3) and that maintain a current certification issued by the State of Oregon. When conducting procurements, Public Universities may implement the Emerging Small Business Program by methods including, but not limited to:

(a) Priority of Contract Award. In the event of a tie low Bid, when price is the sole determinative factor, give priority to a certified Emerging Small Business;

(b) Exclusive Emerging Small Business Opportunities. Public Universities have the authority to create opportunities that are only open to certified Emerging Small Businesses. When a Public University issues a Solicitation Document, the Public University may determine that it is in the university’s interest to limit the opportunity to only qualified and certified Emerging Small Businesses.

(c) Evaluation Criteria. A Public University may identify in a Solicitation Document that it will award additional evaluation points based on certified Emerging Small Business status.

(2) For Construction-Related Services where price is the determinative factor, if a Responsible Emerging Small Business' Responsive Bid is within one percent of the lowest Responsible Responsive Bid, the Public University will award the Contract to the Emerging Small Business.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0040

Sexual Harassment Policy

All Entities that wish to contract with the Public Universities will be notified on the OUS procurement website that the Board has adopted policies applicable to Contractors that prohibit sexual harassment and that the Contractor's company and employees are required to adhere to the Public University’s policy prohibiting sexual harassment in their interactions with members of the Public University’s community.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13

580-061-0045

Insurance or Bond Requirements

All Contractors will provide and maintain insurance or bonding as may be required by the Public University. Such insurance or bonding will remain in force throughout the term of the Contract, including any extensions.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13

580-061-0050

Interest on Overdue Charges

The policy of the Board is that a Public University pay any overdue account charge, in accordance with ORS 293.462, incurred by a Public University when payment for goods and services have not been reasonably made.

(1) Overdue claims will be those that have not been paid within 45 days from the latest of the following dates: The date of the receipt of the accurate invoice, the date of the initial billing statement if no invoice is received, the date all goods have been received, or the date the claim is made certain by agreement of the parties or by operation of law. However, overdue account charges will not accrue on any purchases made by a Public University during time of civil emergency or in the event of a natural disaster that prevents the timely payment of accounts. In such instances, accounts will be paid in as timely a manner as possible.

(2) The maximum overdue charge incidental to procurement of the goods or services will be at a rate of two-thirds of one percent per month, but not more than eight percent per annum.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13

580-061-0055

Solicitation Document Provisions

(1) Brand-Name Specification. Public Universities may specify brand names in the procurement of goods and services if that particular product or service has attributes not found in other goods and services of like kind. In addition, when specific design or performance specifications must be met for a good or service to be purchased, a Public University may specify a list of qualified goods or services by reference to the qualified goods or services of a particular contractor or potential contractor.

(2) Invitation to Bid Required Provision. If an Invitation to Bid is issued for a Contract for goods or services, the Public University will ensure that the following statement is contained in the Invitation to Bid: "Contractors will use recycled products, as defined in ORS 279A.010(1)(ii), to the maximum extent economically feasible in the performance of the Contract."

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13

580-061-0060

Basis for Awarding Contracts

Public Universities will select Contractors and award Contracts based on such factors as are identified in the Solicitation Document and such other factors as are reasonable under the circumstances.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13

580-061-0065

Contract Amendments (Including Change Orders and Extra Work) and Expired Contracts

An amendment for additional Work or goods that is reasonably related to the scope of Work under the original Contract, including Change Orders, extra work, field orders, or other change in the original Specifications that increases the original Contract Price or length of time, may be made with the Contractor without using a Competitive Process provided that the amendment does not materially alter such a Contract. An amendment that extends the Contract past the period set out in the Solicitation Document for anything other than completion of the Work contemplated in the original Contract as extended will require a new Competitive Process, unless approved by the Vice President for Finance and Administration or Vice Chancellor for Finance and Administration for good cause. Expired Contracts may be revived and reinstated upon the approval of the Vice President for Finance and Administration or Vice Chancellor for Finance and Administration or their designees.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0070

Solicitation Responses are Offers

(1) Offer and Acceptance. The Solicitation Response is the Offeror’s offer to enter into a Contract that will be binding upon the Offeror for thirty (30) days, unless a different time frame is specified in the Solicitation Document.

(2) The Solicitation Response will be a complete offer and fully responsive to the Solicitation Document, unless Offerors are specifically authorized by the Solicitation Document to take exceptions or to leave terms open to negotiation.

(3) Unless expressly authorized by the Solicitation Document, Offerors will not make their Solicitation Response contingent upon the Public University's acceptance of Specifications or contract terms that conflict with or are in addition to those in the Solicitation Document.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0075

Facsimile and Electronic Solicitation Responses

(1) Public Universities may authorize submission of Solicitation Responses through facsimile or electronic methods.

(2) If the Solicitation Response is in response to an RFP or ITB and the Solicitation Document permits submission via facsimile or electronic means, the Public University must establish a method of receiving, identifying, recording, and preserving the "Sealed" requirement of the Formal Procurement.

(3) Solicitation Responses submitted through facsimile and electronic methods must contain Written signatures indicating intent to be bound by the offer.

(4) Public Universities may execute or open electronic submissions to verify receipt of documents prior to the Closing, but will not verify responsiveness of Solicitation Responses.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0080

Solicitation Response Submissions

(1) Identification of Solicitation Responses. To ensure proper identification and special handling, if any, Offeror must appropriately mark its Written Solicitation Response. The Public University will not be responsible for the proper identification and handling of Solicitation Responses not submitted in the designated manner or format as required in the Solicitation Document.

(2) Receipt of Solicitation Responses. It is the Offeror’s responsibility to ensure that Solicitation Responses are received by the Public University at the required delivery point, prior to the Closing as indicated in the Solicitation Document, regardless of the method used to submit or transmit the Solicitation Response.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0085

Pre-Solicitation Response Conferences

(1) Pre-Solicitation Response conferences may be scheduled. Each pre- Solicitation Response conference will be described in the Solicitation Document as "voluntary" or "mandatory." If such a conference is designated as "mandatory," an Offeror must attend in order to submit a Solicitation Response.

(2) If the Offeror is an individual, the Offeror may authorize a representative other than himself/herself to attend the pre- Solicitation Response conference.

(3) Statements made by Public University representatives at the pre-Solicitation Response conference will not be binding unless a Written Addendum to the Solicitation Document is issued.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0090

Offer Security

(1) The Public University may require in the Solicitation Document submission of a security. Security includes, but is not limited to, a surety bond from a surety company authorized to do business in the state of Oregon, cashier's check, certified check, or savings and loan secured check.

(2) The Solicitation Response security of all unsuccessful Offerors will be returned or released after a Contract has been executed and a performance bond provided (if such a bond is required), or after all Solicitation Responses have been rejected.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0095

Addenda to Solicitation Document

(1) The Public University may change a Solicitation Document by Written Addenda. Public Universities will make reasonable efforts to notify potential Offerors of such Written Addenda by methods that may include, but are not limited to, publication of the Written Addenda on the OUS procurement website or requiring submission of a notice of interest by potential Offerors to receive Addenda.

(2) The Public University will issue the Written Addenda within a reasonable time prior to Closing to allow prospective Offerors to consider the Addenda in preparing their Solicitation Responses. The Public University may extend the Closing if it determines prospective Offerors need additional time to review and respond to Addenda.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0100

Clarification of ITBs and RFPs and Requests for Change

Requests for clarification or change of the ITB or RFP must be received by the Public University in writing by the date indicated in the ITB or RFP.

(1) Such request for clarification or change will include the reasons for the clarification or change, and any proposed changes to Specifications or provisions.

(2) The Public University will consider all requests for clarification or change and, if appropriate, amend the ITB or RFP by issuing Addenda.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0105

Pre-Closing Modifications or Withdrawal of Bids or Proposals

(1) Modifications. An Offeror may modify its Solicitation Response in Writing prior to the Closing. Any modification must include a statement that the modification amends and supersedes the prior Solicitation Response.

(2) Withdrawals. An Offeror may withdraw its Solicitation Response by Written notice, signed by an authorized representative of the Offeror, submitted to the individual and location specified in the Solicitation Document (or the place of Closing if no location is specified), and received by the Public University prior to the Closing. The Offeror, or authorized representative of the Offeror, may also withdraw its Solicitation Response in person prior to the Closing, upon presentation of appropriate identification and evidence of authority satisfactory to the Public University.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13

580-061-0110

Formal Procurement Receipt, Opening, and Recording of Bids and Proposals

In all Formal Procurements an Public University will comply with the following:

(1) Receipt. A Public University will electronically or mechanically time-stamp or hand-mark each Bid or Proposal and any modification upon receipt. Except as provided in 580-061-0075(2) the Public University will not open the Bid or Proposal or modification, but will store it in a secure place until Opening. If the Public University inadvertently opens a Bid or Proposal or a modification prior to the Opening, the Public University will reseal and store the opened Bid or Proposal or modification until the Opening.

(2) Disclosure. Unless otherwise specified in the Solicitation Document, the name of the Entity submitting a Bid or Proposal will be the only information that may be made public until notice of the intent to Award or an Award has been issued.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0115

Late Bids and Proposals, Late Withdrawals, and Late Modifications

Any Bid or Proposal, modification, or withdrawal received after the Closing is late. A Public University will not consider late Bids or Proposals, modifications, or withdrawals except as permitted in 580-061-0120. However, Public Universities may adopt a Public University policy or procedure to accept late bids in circumstances that are determined to be in the best interests of the Public University if policy or procedure is stated in the Solicitation Document.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0120

Mistakes

(1) Generally. To protect the integrity of the Competitive Process and to assure fair treatment of Offerors, a Public University should carefully consider whether to permit waiver, correction, or withdrawal for certain mistakes.

(2) Public University Treatment of Mistakes. A Public University will not allow an Offeror to correct or withdraw a Solicitation Response for an error in judgment. If the Public University discovers certain mistakes in a Solicitation Response after Opening, but before award of the Contract, the Public University may take the following action:

(a) A Public University, in its sole discretion, may waive or permit an Offeror to correct a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Solicitation Response or an insignificant mistake that can be waived or corrected without prejudice to other Offerors. Examples of minor informalities include an Offeror’s failure to:

(A) Return the correct number of Signed Solicitation Responses or the correct number of other documents required by the Solicitation Document; or

(B) Sign the Solicitation Response in the designated block, provided a Signature appears elsewhere in the Solicitation Response, evidencing an intent to be bound; or

(C) Acknowledge receipt of an Addendum to the Solicitation Document, provided it is clear on the face of the Solicitation Response that the Offeror received the Addendum and intended to be bound by its terms, or the Addendum involved did not affect price, quality, or delivery.

(b) A Public University may correct a clerical error if the error is evident on the face of the Solicitation Response or other documents submitted with the Solicitation Response and the Offeror confirms the Public University's correction in Writing. A clerical error is an Offeror’s error in transcribing its Solicitation Response. Examples include, but are not limited to, typographical mistakes, errors in extending unit prices, transposition errors, and arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations. In the event of a discrepancy, unit prices will prevail over extended prices.

(c) A Public University may permit an Offeror to withdraw a Solicitation Response after Closing based on one or more clerical errors in the Solicitation Response only if the Offeror shows with objective proof and by clear and convincing evidence:

(A) The nature of the error;

(B) That the error is not a minor informality under this subsection or an error in judgment;

(C) That the error cannot be corrected under subsection (b) of this subsection;

(D) That the Offeror acted in good faith in submitting a Solicitation Response that contained the claimed error and in claiming that the alleged error in the Solicitation Response exists;

(E) That the Offeror acted without gross negligence in submitting a Solicitation Response that contained a claimed error;

(F) That the Offeror will suffer substantial detriment if the Public University does not grant it permission to withdraw the Solicitation Response;

(G) That the Public University's or the public's status has not changed so significantly that withdrawal of the Solicitation Response will work a substantial hardship on the Public University or the public it represents; and

(H) That the Offeror promptly gave notice of the claimed error to the Public University.

(d) The criteria in subsection (2)(a) of this rule will determine whether a Public University will permit an Offeror to withdraw its Solicitation Response after Closing. These criteria also will apply to the question whether a Public University will permit a Offeror to withdraw its Solicitation Response without forfeiture of its Bid bond (or other Bid security) or without liability to the Public University based on the difference between the amount of the Offeror’s Solicitation Response and the amount of the Contract actually awarded by the Public University, whether by Award to the next lowest Responsive and Responsible Bidder or the best Responsive and Responsible Offeror or by resort to a new solicitation.

(3) Rejection for Mistakes. The Public University will reject any Offeror in which a mistake is evident on the face of the Solicitation Response and the intended correct Solicitation Response is not evident or cannot be substantiated from documents submitted with the Solicitation Response.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0125

Low Tie Bids

(1) Definition. Low Tie Bids are low tied Responsive Bids from Responsible Bidders that are identical in price, fitness, availability, and quality and that meet all the requirements and criteria set forth in the Solicitation Document.

(2) Award. In the event of a Low Tie Bid, the Public University will award the Contract based on the following order of precedence:

(a) An Emerging Small Business that meets the definition in ORS 200.005(3) and that maintains a current certification issued by the State of Oregon;

(b) An Entity whose principal offices or headquarters are located in Oregon;

(c) If neither subsection (a) nor (b) apply, award of the Contract will be made by drawing lots.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0130

Rejection of Individual Solicitation Responses and Offerors

(1) A Public University may reject, in whole or in part, any Solicitation Response not in compliance with all prescribed Solicitation Response procedures, Contract provisions, and Specifications contained in the Solicitation Document or upon a Written finding by the Public University that it is in the public interest to do so.

(2) Reasons for rejection. A Public University may reject a Solicitation Response upon the Public University's findings that include, but are not limited to, the Solicitation Response:

(a) Is contingent upon the Public University's acceptance of terms and conditions that differ from the Solicitation Document; or

(b) Takes exception to the terms and conditions (including Specifications) set forth in the Solicitation Document; or

(c) Attempts to prevent public disclosure of matters in contravention of the terms and conditions of the Solicitation Document or in contravention of applicable law; or

(d) Offers goods or services that fail to meet the Specifications of the Solicitation Document; or

(e) Is late; or

(f) Is not in substantial compliance with the Solicitation Document; or

(g) Is not in substantial compliance with all prescribed solicitation procedures; or

(h) Does not include the Solicitation Response security as required by the Solicitation Document; or

(i) Does not include an executed certification of non-discrimination in compliance with 580-061-00305 and compliance with Oregon tax laws.

(3) A Public University may reject an Offeror upon the Public University's findings that include, but are not limited to, the Offeror:

(a) Has not met any required mandatory prequalification;

(b) Has been disqualified pursuant to OAR 137-046-0210(3) (Disadvantaged Business Enterprise Disqualification);

(c) Has not met the requirements of the Emerging Small Business Program created in 580-061-0035, if required in the Solicitation Document.

(d) That has been debarred in accordance with ORS 279B130 or 279C.440;

(e) Has been declared ineligible by the Commissioner of Bureau of Labor and Industries under ORS 279C.860;

(f) Has within the last five years been found, in a civil, criminal, or administrative proceeding, to have committed or engaged in fraud, misrepresentation, price-rigging, unlawful anti-competitive conduct, or similar behavior;

(g) Is non-Responsible. Offerors are required to demonstrate their ability to perform satisfactorily under a Contract. Before Awarding a Contract, the Public University must have information that indicates that the Offeror meets the applicable standards of Responsibility. To be a Responsible Offeror, the Public University may consider:

(A) If the Offeror has appropriate financial, material, equipment, facility, and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to indicate the capability of the Offeror to meet all contractual responsibilities;

(B) If the Offeror has a satisfactory record of contract performance. The Public University may consider both private and public contracts in determining responsible performance under a contract;

(C) If the Offeror has a satisfactory record of integrity. An Offeror may lack integrity if a Public University determines the Offeror demonstrates a lack of business ethics such as violation of state environmental laws or false certifications made to a state agency. A Public University may find an Offeror non-Responsible based on the lack of integrity of any person having influence or control over the Offeror (such as a key employee of the Offeror that has the authority to significantly influence the Offeror’s performance of the Contract or a parent company, predecessor or successor person);

(D) If the Offeror is qualified legally to Contract with the Public University;

(E) If the Offeror has supplied all necessary information in connection with the inquiry concerning Responsibility. If the Offeror fails to promptly supply information requested by the Public University concerning responsibility, the Public University may base the determination of responsibility upon any available information or may find the Offeror non-Responsible.

(4) Form of Business Entity. For purposes of this rule, the Public University may investigate any Entity submitting a Solicitation Response. The investigation may include the Entity's officers, directors, owners, affiliates, or any other person acquiring ownership of the Entity to determine application of this rule.

(5) Notice. If an Offeror or a Solicitation Response is rejected in accordance with this rule, the Public University will provide written notice of such rejection to the Offeror. The notice will include the grounds for rejection and a statement of the Offeror’s appeal rights and applicable appeal deadlines. If an Offeror wishes to appeal the decision to reject the Offeror or Solicitation Response, the Offeror must notify the Public University, in Writing, within three Days after receipt of the notification.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0135

Rejection of All Solicitation Responses

Rejection. A Public University may reject all Bids or Proposals whenever the Public University finds it is in the Public University’s best interest to do so.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0140

Disposition of Solicitation Responses if Solicitation Cancelled

(1) Prior to Solicitation Response Opening. When a solicitation is cancelled prior to Opening, all Solicitation Responses received will be destroyed.

(2) After Solicitation Response Opening. When all Solicitation Responses are rejected, the Solicitation Responses received will be retained and become part of the Public University's permanent solicitation file.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0145

Protest of Contractor Selection, Contract Award, and Protest of Solicitation Document

(1) The purpose of this rule is to require adversely affected or aggrieved Offeror on a Public University solicitation to exhaust all avenues of administrative review and relief before seeking judicial review of the Public University's selection or Award decision.

(2) Types of Protests. The following matters may be protested:

(a) A determination of responsibility or lack thereof;

(b) A determination of responsiveness or lack thereof;

(c) The rejection of a Solicitation Response, unless notice of rejection has been previously provided under 580-061-0130(5);

(d) The content of a Solicitation Document;

(e) The selection of one or more Contractors. A protest may be submitted only by an Entity that can demonstrate that it has been or is being adversely affected by a Public University decision or the content of a Solicitation Document.

(3) Delivery. Unless otherwise specified in the Solicitation Document, an Offeror must deliver a Written protest to the Public University within three (3) Days after the Award of a Contract or issuance of the notice of intent to Award the Contract, whichever occurs first. Protests must be clearly marked on the outside of the envelope with the title or the number of the Solicitation Response and that it is a protest to ensure that it is recognized and recorded.

(4) Content of Protest. An Offeror’s protest must fully specify the grounds for the protest and include all evidence that the protestor wishes the Vice Chancellor for Finance and Administration, Public University Vice President for Finance and Administration, or designee to consider. Failure to include any ground for the protest or any evidence in support of it will constitute a final, knowing, and voluntary waiver of the right to assert such ground or evidence. A protest must include a conspicuous marking identifying the type and nature of the protest.

(5) A protest of a Solicitation Document may be made only if a term or condition of the Solicitation Document, including, but not limited to, Specifications or Contract terms violates applicable law. The Public University will (upon altering the Solicitation Document in response to a protest) promptly transmit the revised Solicitation Document to all Offerors and extend the Closing where appropriate. The Public University may choose, in its sole discretion, to close the procurement process without making an Award and begin a new procurement process.

(6) A protest of the selection of one or more Contractors requires the protestor to demonstrate, as applicable;

(a) That all higher-ranked Offerors were ineligible for selection or that the protestor would have been "next in line" to receive the Award and was eligible for selection; and

(b) That the Offeror selected was ineligible.

(c) In the case of a sole source procurement, that the Single Seller selected is not the only Contractor or consultant reasonably available to provide the personal or professional services, goods, services, Professional Consultant services as defined in 580-061-0010, Construction-Related Services as defined in 580-061-0010, or combination of Professional Consultant services and Construction-Related Services.

(7) A protest of the rejection of a Solicitation Response must demonstrate that the Public University's decision was materially in error or that the Public University committed a material procedural error and that any such error, alone or in combination with other errors, was a "but for" cause of the rejection.

(8) Response. The Vice Chancellor for Finance and Administration or the Public University Vice President for Finance and Administration, or their designee, will have the authority to settle or resolve a Written protest. A protest received after the time set out in the Solicitation Document will not be considered. The Vice Chancellor for Finance and Administration, or Vice President for Finance and Administration, or designee will issue a Written final agency order of the protest in a timely manner. If the protest is upheld, in whole or in part, the Public University may, in its sole discretion, either Award the Contract to the successful protestor or cancel the procurement or solicitation. Contract Award may be made prior to issuance of the final agency order if authorized by the Vice Chancellor for Finance and Administration, Vice President for Finance and Administration, or their designee.

(9) Judicial Review. Judicial review of the Public University' decision relating to a Contract Award protest will be available pursuant to the provisions of ORS 183.480 et seq.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 7-2008(Temp), f. & cert. ef. 6-5-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0150

Right to Inspect Plant

The Public University may, at reasonable times, inspect the part of the plant or place of business of a Contractor or any subcontractor that is related to the performance of any prospective Contract or Awarded Contract.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13

580-061-0155

Invitation to Bid and Request Proposal Negotiations

(1) The Public University may negotiate with the lowest-cost Bidders after determining that that the Bids are Responsive and from Responsible Bidders.

(2) The Public University may, if it has given notice in the Solicitation Document, commence negotiations in accordance with sections (3) and (4) of this rule with Proposers in the competitive range. For purposes of this rule “competitive range” means the highest-ranked Proposers based on evaluating all Responsive Proposals in accordance with the evaluation criteria set forth in the Solicitation Document.

(3) If the Public University chooses to enter into discussions with and receive best and final Proposals, the Public University will proceed as follows:

(a) The Public University will initiate oral or written discussions with all Proposers submitting Responsive Proposals or all Proposers in the competitive range regarding their Proposals with respect to the provisions of the Solicitation Document that the Public University identified in the Solicitation Document as the subject of discussions.

(b) The Public University may conduct discussions with each eligible Proposer necessary to fulfill the purposes of this section (3), but need not conduct the same amount of discussions with each eligible Proposer. The Public University may terminate discussions with any eligible Proposer at any time. However, the Public University will offer all eligible Proposers the same opportunity to discuss their Proposals with the Public University before the Public University notifies eligible Proposers of the date and time pursuant to subsection (d) that best and final Proposals will be due.

(c) The Public University may adjust the evaluation of a Proposal as a result of a discussion under this section. The conditions, terms, or price of the Proposal may be altered or otherwise changed during the course of the discussions provided the changes are within the scope of the Solicitation Document.

(d) If best and final Proposals are required, the Public University will establish a common date and time by which Proposers must submit best and final Proposals. Best and final Proposals will be submitted only once, provided, however, the Public University may make a written determination that it is in the Public University's best interest to conduct additional discussions, negotiations, or change the Public University's requirements and require another submission of best and final Proposals. The Public University will evaluate Proposals as modified.

(4) Negotiations.

(a) The Public University may commence serial negotiations with the highest-ranked eligible Proposer or commence simultaneous negotiations with all eligible Proposers.

(b) The Public University may negotiate:

(A) The statement of Work;

(B) The Contract Price as it is affected by negotiating the statement of Work; and

(C) Any other terms and conditions reasonably related to those expressly authorized for negotiation in the Solicitation Document. Accordingly, Proposers will not submit and the Public University will not accept for negotiation, any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the Solicitation Document.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

580-061-0160

Disqualification from Consideration for Award of Contracts

(1) A Public University may disqualify an Entity from consideration for award of Public University Contracts for the reasons listed in subsection (2) of this section after providing the Entity with notice and a reasonable opportunity to be heard.

(a) All OUS Public Universities may rely upon a disqualification of an Entity by another Public University or exclusion by the federal government or the State of Oregon. The Chancellor's Office will maintain a current roster for Entities that have been disqualified.

(b) In lieu of the disqualification process described in this rule, a Public University contracting for a Public Improvement may petition the Construction Contractors Board to disqualify an Entity from consideration for award of the Public University's Public Improvement Contracts for the reasons listed in subsection (2) of this rule.

(2) An Entity may be disqualified from consideration for Award of a Contract for any of the following reasons:

(a) A primary employee of the Entity has been convicted of a criminal offense as an incident of obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract;

(b) A primary employee of the Entity has been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty that currently, seriously, and directly affects the person's responsibility for the Entity;

(c) A primary employee of the Entity has been convicted under state or federal antitrust statutes;

(d) A primary employee of the Entity has committed a violation of a contract provision that is regarded by a Public University or the Construction Contractors Board to be so serious as to justify disqualification. A violation may include, but is not limited to, a failure to perform the terms of a contract or an unsatisfactory performance in accordance with the terms of the contract. However, a failure to perform or an unsatisfactory performance caused by acts beyond the control of the Entity may not be considered to be a basis for disqualification;

(e) The Entity does not carry workers' compensation or unemployment insurance as required by statute.

(3) A Public University will issue a Written decision to disqualify an Entity under this section. The decision will:

(a) State the reasons for the action taken; and

(b) Inform the disqualified Entity of the appeal rights of the Entity under ORS 279C.445 and 279C.450.

(4) A copy of the decision issued under subsection (3) of this section must be mailed or otherwise furnished immediately to the disqualified Entity.

(5) Appeal of Disqualification. An Entity who wishes to appeal disqualification must, within three (3) business days after receipt of notice of disqualification, notify the Public University in Writing that the Entity appeals the disqualification. Immediately upon receipt of the notice of appeal, the Public University will notify the OUS Vice Chancellor of Finance and Administration, or designee.

(6) The OUS Vice Chancellor of Finance and Administration, or designee, will conduct the appeal generally consistent with the procedures set forth in ORS 279C.450. The OUS Vice Chancellor of Finance and Administration, or designee, may share the final outcome of the appeal with all Public Universities.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 2-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 6-2013; f. & cert. ef. 11-1-13

DIVISION 62 PURCHASING AND CONTRACTS FOR PERSONAL OR PROFESSIONAL SERVICES AND GOODS AND SERVICES

580-062-0000

Definitions

All capitalized terms in chapter 580, division 62 have the meanings set forth in 580-061-0010 unless the context requires otherwise or except as stated.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08

580-062-0005

Procurement and Contracting Procedures

The procedures set out in 580-061-0000 through 580-061-0160 will be used for the procurement of personal or professional services or goods and services.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08

580-062-0010

Procurement Card

The Chancellor's Office may maintain procurement card services for the benefit of the Public Universities. The Controller's Office of the Chancellor's Office will publish policies governing use of the procurement card.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 3-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 7-2013, f. & cert. ef. 11-1-13

580-062-0015

Personal/Professional Services, Goods, and Services Contract Procurement Thresholds

(1) When procuring personal or professional services, goods, or services, not including services from Professional Consultants as defined in chapter 580, division 63, Public Universities will conduct the procurement in accordance with the Direct Procurement, Informal Procurement, or Formal Procurement method, unless another method is applicable, based on the anticipated contract price, including consultant fees, reimbursable expenses, and all amendments contemplated by the parties. Multiple Contracts, purchase orders, or purchasing requisitions will not be issued separately with the intent to circumvent these rules. Public Universities may establish lower procurement thresholds for specific procurements or as a Public University policy or procedure.

(a) $25,000 or less — Direct Procurement or other method of procurement that the Public University deems beneficial to the procurement.

(b) $25,000.01 to $150,000 — Informal Procurement, Formal Procurement, or other method of procurement, except the Direct Procurement method, that the Public University deems beneficial to the procurement.

(c) Greater than $150,000 — Formal Procurement or other method of procurement, except the Direct Procurement or Informal Procurement methods, that the Public University deems beneficial to the procurement.

(2) Notwithstanding subsection (1), if the source of the funding for the procurement requires a different procurement method, the Public University may comply with the procurement method required by the funding source.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 3-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 7-2013, f. & cert. ef. 11-1-13

580-062-0020

Methods of Procurement

Public Universities will use the following methods of procurement when procuring personal or professional services or goods and services.

(1) Direct Procurement. A process where the Public University negotiates directly with a single Entity to provide personal or professional services or goods and services.

(2) Informal Procurement. A Competitive Process where the Public University posts an advertisement of the opportunity on the OUS procurement website for a reasonable time necessary to obtain at least three (3) Solicitation Responses. The Public University may also directly contact prospective Offerors. If the notice has been posted for a reasonable time period and fewer than three Solicitation Responses have been submitted, the Public University may enter into a Contract with a Responsible Offeror based on the Specifications contained in the Solicitation Document.

(3) Formal Procurement. A Competitive Process where the Public University:

(a) Creates a Solicitation Document that contains the procurement procedures and necessary Specifications.

(b) Publishes a notice of the procurement on the OUS procurement website and, at the discretion of the Public University, in a trade periodical, newspaper of general circulation, or other historically underrepresented business-targeted periodicals, Public University website, or other medium for advertising. The notice must specify when and where the Solicitation Document may be obtained and the Closing Date/Time. The notice must be published for a duration reasonable under the circumstances for the procurement.

(c) Conducts the procurement in accordance with chapter 580, division 61, section 0000 through 0160.

(4) Emergency Procurement. The Chancellor, Vice Chancellor of Finance and Administration, President, or Vice President of Finance and Administration, or designee may declare an Emergency when such a declaration is deemed appropriate. The reasons for the declaration will be documented and will include justifications for the procedure used to select the Entity for a Contract within the scope of the Emergency declaration. After the President, Chancellor, or designee has declared an Emergency, the Public University may negotiate a Contract with any qualified Entity for services included in the scope of the Emergency. The Public University will maintain appropriate records of negotiations carried out as part of the contracting process.

(5) Retainer. Public Universities may conduct a Formal Procurement to enter into Retainer Contracts with multiple Entities to provide personal or professional services or goods and services at contracted rates of compensation or based on pre-qualifications.

(6) Alternative Processes. Notwithstanding the foregoing procedures, the Public University Contract Officer may authorize alternative procurement methods that provide a Competitive Process to two or more Entities to contract with the Public University and meet the following objectives:

(a) Responds to innovative business and market methods; or

(b) Contributes to Public University productivity improvement and process redesign; or

(c) Results in comprehensive cost-effectiveness and productivity for the Public University.

(7) Exempt. Public Universities need not follow, regardless of value, a Competitive Process when seeking or acquiring or paying for the following goods and services:

(a) Educational services.

(b) Advertising and media services, excluding consulting services.

(c) Price-regulated goods and services, including utilities, where the rate or price for the goods or services being purchased is established by federal, state, or local regulatory authority.

(d) Goods or services under federal contracts. When the price of goods and services has been established by a contract with an agency of the federal government pursuant to a federal contract award, Public Universities may purchase the goods and services in accordance with the federal contract. In addition, Public Universities may purchase specific equipment that is only available from one source or use specific Entities that are expressly required under the terms of the contract.

(e) Copyrighted materials. Copyrighted materials covered by this exemption may include, but are not limited to, textbooks, workbooks, curriculum kits, reference materials, software, periodicals, library books, library materials, and audio, visual, and electronic media.

(f) Investment contracts and retirement plan services, excluding consulting services.

(g) Food and food-related products.

(h) Maintenance services directly from the contractor providing the goods.

(i) Used personal property.

(j) Goods purchased for resale to outside entities.

(k) Goods or services related to intercollegiate athletic programs.

(L) Cadavers or cadaveric organs.

(m) Hotel sites for large conferences and workshops.

(n) Dues, registrations, and membership fees.

(o) Gasoline, diesel fuel, heating oil, lubricants, natural gas, electricity, and similar commodities and products and the transportation thereof.

(p) Supplies, maintenance, and services for ocean-going vessels when they are in other than home port.

(q) Repair and overhaul of goods or equipment.

(r) Goods or services purchased in foreign countries.

(s) Insurance and insurance-related contracts, not including consulting or brokerage contracts.

(t) Grants, including Grant applications and proposals.

(u) Contracts for legal services, including professional or expert witnesses or consultants to provide services or testimony relating to existing or potential litigation or legal matters in which a Public University is or may become interested.

(v) Contracts entered into, issued, or established in connection with:

(A) The incurring of debt by a Public University, including but not limited to the issuance of bonds, certificates of participation, and other debt repayment obligations, and any associated Contracts, regardless of whether the obligations that the Contracts establish are general, special, or limited;

(B) The making of program loans and similar extensions or advances of funds, aid, or assistance by a Public University to a public or private body for the purpose of carrying out, promoting, or sustaining activities or programs authorized by law; or

(C) The investment of funds by a Public University as authorized by law and other financial transactions of a Public University that by their character cannot practically be established under the Competitive Process.

(D) Grant-funded projects where professional or personal service providers are named in Grant or identified in the Grant budget, unless Public University determines it is in its best interest to require a Competitive Process.

(w) Contracts for employee benefit plans as authorized by law.

(x) Services provided by those in the medical community including, but not limited to, doctors, physicians, psychologists, nurses, veterinarians, and those with specific license to administer treatments for the health and well-being of people or animals.

(y) Artists, performers, photographers, graphic designers, website design, and speakers.

(z) Sponsorship agreements for Public University events or facilities.

(8) Sole Source. A process where the President, the Chancellor or designee has made a Written determination that due to special needs or qualifications, only a Single Seller is reasonably available to provide such personal or professional services or goods or services. Sole source procurement will be avoided except when no reasonably available alternative source exists.

(a) Each Public University will provide public notice of its determination that the person or professional services or goods or services are only available from a Single Seller. Public notice may be provided on the OUS procurement website. The public notice will describe the personal or professional services or goods or services to be acquired from the Single Seller, identify the prospective Contractor, and include the date, time and place that protests are due. The Public University shall give Entities at least seven (7) Days from the date of notice publication to protest the sole source determination.

(b) An Entity may protest the Public University's determination that the personal or professional services or goods or services are available from a Single Seller in accordance with 580-061-0145.

(c) On an annual basis, Presidents, or their designees will submit a report to the Board summarizing approved sole source procurements for the Public University for the prior fiscal year. The report will be made available for public inspection.

(9) Special Entity.

(a) Public Universities may purchase goods or services, without using a Competitive Process, if purchasing from a federal, state, local governmental agency, public corporation (including, but not limited to, OHSU), or a state Qualified Rehabilitation Facility certified by the Oregon Department of Human Services or the Oregon State Procurement Office.

(b) Public Universities may participate in cooperative procurements with other contracting agencies or Entities or utilize other public contracts or cooperatively-procured contracts if it is determined, in Writing, that the solicitation and award process used to award that Contract was reasonably equivalent to the respective processes established in these rules, including notice during solicitation process that the contract resulting from the procurement may be utilized by other entities. Determinations regarding equivalency and adequacy of processes for cooperating procurements will be made by Public University Contract Officer.

(10) Special Procurement. A special procurement is an exemption from competitive procedures that the Finance and Administration Committee of the Board determines is appropriate because it:

(A) Is reasonably expected to result in substantial cost savings to the Public University or to the public; or

(B) Otherwise substantially promotes the public interest in a manner that could not practicably be realized by complying with others processes described in this rule.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 6-2011(Temp), f. & cert. ef. 11-10-11 thru 5-7-12; Administrative correction, 5-25-12; OUS 11-2012, f. & cert. ef. 6-18-12; OUS 3-2013(Temp), f. & cert. ef. 4-10-13 thru 9-30-13; OUS 7-2013, f. & cert. ef. 11-1-13

DIVISION 63 CAPITAL CONSTRUCTION AND CONTRACTING

580-063-0000

Authority

These rules establish the procedures that will be followed by the Institutions to erect, improve, repair, maintain, equip, and furnish buildings and structures under the control of the Board.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08

580-063-0005

Authorization to Undertake Capital Construction Projects

Before an Institution contracts for Capital Construction on land owned or controlled by the Board, or prepares other than conceptual plans or preconstruction design, the Institution will obtain approval as set out in this rule, regardless of the source of funds or method by which the project is to be financed. To obtain approval, the Institution will describe the project, the financing plan for design and construction, and the operation and maintenance cost of the proposed project.

(1) If appropriate Systemwide limitation exists for a Capital Construction project that totals $500,000 or more but less than $5 million, inclusive of all fund sources, the Chancellor or designee may approve the allocation of the existing expenditure authority to the Institution.

(2) Any Capital Construction project that does not meet the criteria in subsection (1) of this section shall be approved by the Finance and Administration Committee of the Board and submitted to the Legislature.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 7-2011(Temp), f. & cert. ef. 11-10-11 thru 5-7-12; Administrative correction, 5-25-12; OUS 12-2012, f. & cert. ef. 6-18-12

580-063-0010

Definitions

All capitalized terms in chapter 580, division 63, have the meanings set forth in 580-061-0010 unless set forth below, or unless the context requires otherwise or except as stated.

(1) "Construction-Related Services" means one or more related services, which includes, but is not limited to: finance, design, preconstruction, and construction services. The project delivery methods that use Construction-Related Services include, but are not limited to: conventional construction services, design-build, construction manager at risk, agency construction management, and performance contracting.

(2) "Professional Consultant" means architects, engineers, planners, land surveyors, appraisers, construction managers, and similar professional consultants.

(3) “Capital Construction” means any construction or facility improvement that costs $500,000 or more and is not considered maintenance or repair.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 7-2008(Temp), f. & cert. ef. 6-5-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08

580-063-0015

Procurement and Contracting Procedures

The procedures set out in 580-061-0000 through 580-061-0160 will be used for the procurement of Construction-Related Services and Professional Consultants.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08

580-063-0020

Methods of Procurement

Institutions will use the following methods of procurement when procuring Professional Consultant services, Construction-Related Services, or a combination of Professional Consultant services and Construction-Related Services.

(1) Direct Procurement. A process where the Institution negotiates directly with a single Entity to provide Professional Consultant services, Construction-Related Services, or a combination of Professional Consultant services and Construction-Related Services.

(2) Informal Procurement. A competitive process where the Institution posts an advertisement of the opportunity on the OUS procurement website for a reasonable time necessary to obtain at least three Bids or Proposals. The Institution may also directly contact prospective Bidders or Proposers. If the notice has been posted for a reasonable time period and fewer than three Bids or Proposals have been submitted, the Institution may enter into a Contract with a Responsible Bidder or Proposer based on the Specifications contained in the Solicitation Document.

(3) Formal Procurement. A Competitive Process where the Institution:

(a) Creates a Solicitation Document that contains the procurement procedures and necessary Specifications.

(b) Publishes a notice of the procurement on the OUS procurement website and, if beneficial to the procurement, in a trade periodical, newspaper of general circulation, or other minority, women, and emerging small business targeted periodicals, institutional website, or other medium for advertising. The notice must specify when and where the Solicitation Document may be obtained and the Closing Date/Time. The notice must be published for a duration reasonable under the circumstances for the procurement.

(c) Conducts the procurement in accordance with chapter 580, division 61, section 0000 through 0160.

(4) Emergency Procurement. The Institution President, Chancellor, or designee may declare an Emergency when such a declaration is deemed appropriate. The reasons for the declaration will be documented and will include justifications for the procedure used to select the Contractor or Professional Consultant for a Contract or Public Improvement Contract within the scope of the Emergency declaration. After the Institution President, Chancellor, or designee has declared an Emergency, the Institution may negotiate a Contract or Public Improvement Contract with any qualified Entity or Professional Consultant for services included in the scope of the Emergency declaration. The Institution will maintain appropriate records of negotiations carried out as part of the contracting process.

(5) OUS Retainer Contract Program.

(a) The OUS Capital Construction and Planning Office will maintain Retainer Contracts for Professional Consultants, Construction-Related Services, and any other service that may from time to time benefit Institutions. The Retainer Contracts will be established in accordance with this subsection.

(A) Periodically, but no less often than every two years, the OUS Capital Construction and Planning Office will invite interested Contractors to submit business information that meets minimum qualifications as described in a Solicitation Document. Contractors that meet the minimum qualifications and have not been disbarred or disqualified by an agency of the State of Oregon as outlined in 580-061-0160, may be offered a Retainer Contract to be listed on the respective retainer program to provide services in a non-exclusive and on an as-needed basis.

(B) Notice of the procurement will be published on the OUS procurement website and, if beneficial to the procurement, in a trade periodical, newspaper of general circulation, or other minority, women, and emerging small business targeted periodicals, Institution website, or other medium for advertisement.

(b) The OUS Capital Construction and Planning Office may enter into interagency agreements to permit other public agencies to utilize the services offered by Entities that have entered into Retainer Contracts if the public agency agrees to conditions, including but not limited to:

(A) Follow the procurement processes established in these rules.

(B) Use the contract templates associated with each retainer program.

(C) Any service procured will be the sole financial responsibility of the public agency.

(D) The public agency will be solely liable to resolve all disputes that may arise from breach of contract.

(E) The OUS Capital Construction, Planning, and Budget Office may impose a reasonable administrative fee on the public agency using the Retainer Contracts based on the compensation for services procured to recover administrative costs, legal review fees, and to improve or expand retainer programs.

(c) The OUS Capital Construction, Planning, and Budget Office will maintain an electronic roster of all Professional Consultants and Contractors who have entered into Retainer Contracts. Institutions that utilize retainer programs will follow the procedures established in these rules and will only execute contracts from templates that have been approved for each respective retainer program.

(6) Sole Source. A process where the Institution President, the Chancellor or designee has made a Written determination that due to special needs, experience, or qualifications, only a Single Seller is reasonably available to provide certain Professional Consultant services, Construction-Related Services, or a combination of Professional Consultant services and Construction-Related Services. Sole source procurement will be avoided except when no reasonably available alternative source exists.

(a) Authority. Institutions may authorize sole source procurements up to $1,000,000 cumulative for all Institution projects throughout a fiscal year. The Chancellor or designee may authorize sole source procurements up to $5,000,000 cumulative for each Institution's projects throughout a fiscal year. The Finance and Administration Committee of the Board will approve all other sole source procurements.

(b) Each Institution will provide public notice of its determination that the Professional Consultant services, Construction-Related Services, or combination of Professional Consultant services and Construction-Related Services are only available from a Single Seller. Public notice may be provided on the OUS procurement website. The public notice will describe the Professional Consultant services, Construction-Related Services, or combination of Professional Consultant services and Construction-Related Services to be acquired from the Single Seller, identify the prospective Professional Consultant or Contractor, and include the date, time and place that protests are due. The Institution shall give Entities at least seven (7) Days from the date of notice publication to protest the sole source determination.

(c) On an annual basis, Institution Presidents, or their designees will submit a report to the Finance and Administration Committee of the Board summarizing approved sole source procurements for the Institution for the prior fiscal year. The report will be made available for public inspection.

(7)(a) Special Procurement.

(b) A special procurement is an exemption from competitive procedures that the Finance and Administration Committee of the Board determines is appropriate because it:

(A) Is reasonably expected to result in substantial cost savings to the Institution or to the public; or

(B) Otherwise substantially promotes the public interest in a manner that could not practicably be realized by complying with others processes described in this rule.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 7-2008(Temp), f. & cert. ef. 6-5-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08; OUS 7-2011(Temp), f. & cert. ef. 11-10-11 thru 5-7-12; Administrative correction, 5-25-12; OUS 12-2012, f. & cert. ef. 6-18-12

580-063-0025

Contracts for Professional Consultants

Institutions will use one of the following two procedures when contracting for Professional Consultant services:

(1) OUS Capital Construction Retainer Program for Professional Consultants.

(a) For Professional Consultant service contracts where the anticipated Contract Price, including consultant fees, reimbursable expenses, and all amendments contemplated by the parties is $100,000 or less, the Institution may select a Professional Consultant that has entered into a Retainer Contract.

(b) For Professional Consultant service contracts where the anticipated Contract Price, including consultant fees, reimbursable expenses, and all amendments contemplated by the parties is $100,000.01 to $250,000, the Institution must select at least three Professional Consultants who have entered into Retainer Contracts to provide proposals for the service. Selection of a Professional Consultant from submitted proposals will be based on the criteria set forth in the Solicitation Document. In the event that fewer than three Professional Consultants are on the retainer that can provide the required service, the Institution may proceed with fewer than three Bids or Proposals.

(c) For Professional Consultant service contracts where the anticipated Contract Price, including consultant fees, reimbursable expenses, and all amendments contemplated by the parties is $250,000.01 to $1,000,000, the Institution will post an advertisement of the opportunity on the OUS procurement website. All eligible Professional Consultants that have entered into Retainer Contracts will have an opportunity to submit a proposal in response to the opportunity. Selection of a Professional Consultant from submitted proposals will be based on the criteria set forth in the Solicitation Document.

(2) Standard Procurement. Except in cases of Emergency, Special Procurement, or when only a Single Seller is reasonably available, when procuring Professional Consultant services, Institutions will conduct the procurement in accordance with the Direct Procurement, Informal Procurement, or Formal Procurement method, unless another method is applicable, based on the anticipated Contract Price, including consultant fees, reimbursable expenses, and all amendments contemplated by the parties. Multiple Contracts, purchase orders, or purchasing requisitions will not be issued separately with the intent to circumvent these rules.

(a) $25,000 or less — Direct Procurement or other method of procurement that the Institution deems beneficial to the procurement.

(b) $25,000.01 to $100,000 — Informal Procurement, Formal Procurement, or other method of procurement, except the Direct Procurement method, that the Institution deems beneficial to the procurement.

(c) Greater than $100,000 — Formal Procurement or other method of procurement, except the Direct Procurement or Informal Procurement methods, that the Institution deems beneficial to the procurement.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08

580-063-0030

Contracts for Construction-Related Services

Institutions will use one of the following procedures when procuring Construction-Related Services for a Contract or Public Improvement Contract:

(1) OUS Capital Construction Retainer Program for Construction-Related Services.

(a) For Construction-Related Services Contracts or Public Improvement Contracts where the anticipated Contract Price, including reimbursable expenses and all Change Orders contemplated by the parties is $50,000 or less, the Institution may select a Contractor that has entered into a Retainer Contract.

(b) For Construction-Related Services Contracts or Public Improvement Contracts where the anticipated Contract Price, including reimbursable expenses and all Change Orders contemplated by the parties is $50,000.01 to $500,000, the Institution must select at least three Contractors that have entered into Retainer Contracts to provide Bids or Proposals for the service. Selection of a Contractor from submitted Bids or Proposals will be based on the criteria set forth in the Solicitation Document. In the event that fewer than three Contractors are on the retainer that can provide the required service, the Institution may proceed with fewer than three Bids or Proposals.

(c) For Construction-Related Services Contracts or Public Improvement Contracts where the anticipated Contract Price, including reimbursable expenses and all Change Orders contemplated by the parties is $500,000.01 to $1,000,000, the Institution will post an advertisement of the opportunity on the OUS procurement website. All eligible Contractors that have entered into Retainer Contracts will have an opportunity to submit a Bid or Proposal in response to the opportunity. Selection of a Contractor from submitted Bids or Proposals will be based on the criteria set forth in the Solicitation Document.

(2) Standard Procurement. Except in cases of Emergency, Special Procurement, or when only a Single Seller is reasonably available, when procuring Construction-Related Services, Institutions will conduct the procurement in accordance with the Direct Procurement, Informal Procurement, or Formal Procurement method, unless another method is applicable, based on the anticipated Contract Price, including reimbursable expenses and all Change Orders contemplated by the parties. Multiple Contracts, purchase orders, or purchasing requisitions will not be issued separately with the intent to circumvent these rules.

(a) $25,000 or less — Direct Procurement or other method of procurement that the Institution deems beneficial to the procurement.

(b) $25,000.01 to $100,000 — Informal Procurement, Formal Procurement, or other method of procurement, except the Direct Procurement method, that the Institution deems beneficial to the procurement.

(c) Greater than $100,000 — Formal Procurement or other method of procurement, except the Direct Procurement or Informal Procurement methods, that the Institution deems beneficial to the procurement.

(3) In accordance with ORS 279C.800 et seq, projects having a total Contract Price more than $50,000, or on a project where the combined Contract Price of all contracts awarded on the project is more than $50,000, will be subject to the Bureau of Labor and Industries Prevailing Wage Laws. Projects may not be divided into more than one Contract to avoid the application of this subsection. Projects funded in part or wholly by federal funds will comply with the higher of the state or federal prevailing rate of wage.

(4) No Contract will be awarded to any construction firm that is not licensed to do business in the State of Oregon, not registered or licensed by the appropriate state licensing boards, or listed as ineligible to enter into Contracts or Public Improvement Contracts by the Bureau of Labor and Industries.

(5) Contractors will post and maintain performance and payment bonds as required in the Solicitation Document. For Public Improvement Contracts with a total Contract Price in excess of $100,000, one hundred percent performance and payment bonds will be required.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08

580-063-0035

Oregon’s Percent for Art

The "Percent for Art" legislation governed by ORS 276.073 through 276.090, guides the acquisition of Oregon's state art collection. For acquisition of art work in applicable state buildings, this program sets aside no less than 1 percent of the construction funds of buildings with a construction budget of $100,000 or more. The Institution will be responsible to ensure compliance with the "Percent for Art" for applicable projects.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08

580-063-0040

Design Standards

All major facility projects will be planned, designed, constructed, and renovated to meet high performance building standards for energy efficiency and environmental sustainability as defined by the Department of Energy and the State of Oregon.

(1) State Energy Efficiency Design is the policy of the State of Oregon that facilities to be constructed or purchased by authorized state agencies be designed, constructed, renovated, and operated so as to minimize the use of nonrenewable energy resources and to serve as models of energy efficiency per ORS 276.900 through 276.915.

(2) Green building design and construction is an integral part of OUS Capital Construction. Institution projects should consider design standards that incorporate the 'Leadership in Energy & Environmental Design' (LEED) Silver standards or higher standards, which promote buildings that significantly reduce or eliminate the negative impact of buildings on the environment and occupants.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08

580-063-0045

Retainage Processing Charges

(1) The Institution may require a retainage for Construction-Related Services Contracts under $1,000,000. For Construction-Related Services Contracts over $1,000,000, the Institution will withhold a retainage.

(2) An Institution will not retain an amount in excess of five percent (5 percent) of the Contract Price for Work completed. If the Contractor has performed at least fifty percent (50 percent) of the Work and is progressing satisfactorily, upon the Contractor's submission of Written application containing the surety's written approval, the Institution may, in its discretion, reduce or eliminate retainage on any remaining progress payments. The Institution will respond in Writing to all such applications within a reasonable time. When the Work is ninety-seven and a half percent (97.5 percent) completed, the Institution may, at its discretion and without application by the Contractor, reduce the retained amount to one hundred percent (100 percent) of the value of the remaining unperformed Work. An Institution may at any time reinstate retainage. Retainage will be included in the final payment of the Contract Price.

(3) For Construction-Related Services Contracts over $1,000,000 the Contractor may request that the retainage be deposited in an interest-bearing account at a financial institution. Title to such funds will remain with the Board until the Work is complete and accepted by the Institution. Interest on deposited retainage accrues to the benefit of the Contractor and will remain in the retainage account until the Work is accepted. The Institution may deduct fees necessary to open and maintain an interest-bearing account.

(4) Alternatives to cash retainage. In lieu of cash retainage to be held by the Institution or financial institution, the Contractor may substitute one of the following:

(a) Deposit of securities:

(A) The Contractor may deposit bonds or securities with the Institution or in any bank or trust company to be held for the benefit of the Institution. In such event, the Institution will reduce the retainage by an amount equal to the value of the bonds and securities, and reimburse the excess to the Contractor.

(B) Bonds and securities deposited or acquired in lieu of retainage will be of a character approved by the Controller's Office, including but not limited to:

(i) Bills, certificates, notes, or bonds of the United States.

(ii) Other obligations of the United States or its agencies.

(iii) Obligations of any corporation wholly owned by the federal government.

(iv) Indebtedness of the Federal National Mortgage Association.

(C) Upon the Institution determination that all requirements for the protection of the Institution's interests have been fulfilled, it will release to the Contractor all bonds and securities deposited in lieu of retainage.

(b) Deposit of surety bond. An Institution, at its discretion, may allow the Contractor to deposit a surety bond in a form acceptable to the Institution in lieu of all or a portion of funds retained or to be retained. A Contractor depositing such a bond will accept surety bonds from its subcontractors and suppliers in lieu of retainage. In such cases, retainage will be reduced by an amount equal to the value of the bond and the excess will be reimbursed to the Contractor.

(5) An Institution will recover from the Contractor all costs incurred in the proper handling of cash retainage and securities, by reduction of the final Contract payment.

Hist.: OSSHE 5-2008(Temp), f. & cert. ef. 2-19-08 thru 8-16-08; OSSHE 9-2008, f. & cert. ef. 7-21-08

Former OUS Policies and IMDs, now OSU policies

All of the links on this page are to PDF files.  You will need a PDF Reader.

 

 
 

Presidential Actions

2014-07-01 Repeals and Adoptions

2014-08-01 Substance Use and Testing

2014-10-01 President Modifying Parking

2014-07-01 Repeals and Adoptions

OREGON STATE UNIVERSITY'S REPEAL OR MODIFICATION OF CERTAIN STATE BOARD OF HIGHER EDUCATION RULES AND POLICIES FROM OSU STANDARDS; ENACTING OF CERTAIN OREGON STATE UNIVERSITY STANDARDS AND POLICIES
July 1, 2014


Effective July 1, 2014, Oregon State University (OSU) became a separate legal entity from the Oregon University System. With its own Board of Trustees, Oregon State is no longer governed by the State Board of Higher Education (SBHE). As a result of the legislation effecting this governance transition, OSU has different authorities than it previously had, and rather than promulgating Oregon Administrative Rules (OARs), it will enact Policies or Standards. Policies govern the OSU community of faculty, staff and students, while Standards govern all individuals and have the force of law.


Chapter 580 of the OARs, previously promulgated by the SBHE, became (by operation of law) Chapter 580 of OSU Standards, with the exception of those rules hereby repealed below. The SBHE policies and Internal Management Directives (IMDs) became (by operation of law) OSU Policies, with the exception of those repealed below. (To interpret the Chapter 580 Standards and former SBHE policies/IMDs during this transition period, note that "Board" or "State Board of Higher Education" now refers to OSU's Board of Trustees; "Chancellor" means "President;" "Institution" means OSU; and so on.) The administrative rules in former Chapter 576 of the OARs, previously promulgated by OSU, were repealed on June 30, 2014, and are hereby readopted effective July 1, 2014 as either OSU Policies or OSU Standards in substantially identical form (where the previous OARs would still apply in the new governance structure) except as provided below.


Effective July 1, 2014, the following former SBHE OARs, policies and IMDs from the OSU Standards and
Policies are REPEALED, as they are outdated or otherwise unnecessary given pre-existing OSU policy:

• OAR 580-040-0010(3)-(7)
• OAR 580-040-0012
• OAR 580-042-0020
• SBHE Policy - Admission Policies and Requirements/Enrollment Management
• SBHE Policy - Basic Research Fund, Administration of the
• SBHE Policy - Community College Transfer
• SBHE Policy - Consensual Relationships
• SBHE Policy- Diversity
• SBHE Policy - Electronic Commerce, Policy Guidelines for - Standards 6, 10, 11, 15
• SBHE Policy - Equal Opportunity
• SBHE Policy - Historical and Architectural Value, Properties of
• SBHE Policy - Intercollegiate Athletics, Fiscal Policies for
• SBHE Policy - Legislative Faculty Excellence Awards
• SBHE Policy - Minority Students
• SBHE Policy - Oregon Honors Scholarship Program
• SBHE Policy - Rededication of Physical Facilities

• SBHE Policy -Sexual Harassment• SBHE Policy -Sexual Misconduct
SBHE Policy - Space Use Objectives
SBHE Policy -Transfers and Articulation
SBHE Policy-Tuition Policy
IMD 2.030
IMD 2.035
IMD 2.100
IMD 3.001
IMD 3.005
IMD 3.015
IMD 4.020


Effective July 1, 2014, former SBHE OAR Chapter 580, Division 15 is MODIFIED as an OSU Standard. The
modifications in the former OAR are attached hereto. The reason for the modification is to align the
Standard with SB 270 and current practice.


Effective July 1, 2014, the following former OSU OAR's are ENACTED as OSU Standards with the force of
law. The new Standards are attached hereto. These OSU Standards are in large part copied verbatim
from the former OSU OARs, with the exception of adding an internal appeal route to certain of them
that previously lacked one:

OSU Standard 576-002-060
OSU Standard 576, Division 3
OSU Standard 576, Division 4
OSU Standard 576, Division 5
OSU Standard 576, Division 10
OSU Standard 576, Division 20
OSU Standard 576, Division 30
OSU Standard 576, Division 40
OSU Standard 576, Division 45
OSU Standard 576, Division 55
OSU Standard 576, Division 56
OSU Standard 576, Division 60
OSU Standard 576, Division 65
OSU Standard 576, Division 80


Effective July 1, 2014, the following former OSU OARs are ENACTED as OSU Policies, which are attached
hereto. These OSU Policies are copied verbatim from the former OSU OARs:

• OSU Policy 576, Division 12
• OSU Policy 576, Division 15
• OSU Policy 576, Division 16
• OSU Policy 576, Division 17
• OSU Policy 576, Division 22
• OSU Policy 576, Division 23
• OSU Policy 576, Division 24
• OSU Policy 576, Division 25
• OSU Policy 576; Division 35
• OSU Policy 576, Division 50


OSU is not readopting as OSU Policies or Standards the following former OSU OARs, as they are no
longer needed in the new governance structure:

• OAR 576, Division 1
• OAR 576, Division 2 (with the exception of Standard 576-002-0060 enacted above)


Signed this 3rd day of July, 2014


Edward J. Ray, OSU President



2014-08-01 Substance Use and Testing

OREGON STATE UNIVERSITY'S
MODIFICATION OF Athletic Department Substance Use and Drug Testing Policy
August 1, 2014


Effective August 1, 2014, OSU Athletic Department Substance Use and Drug Testing Policy (576-23-0005
through -0040) is MODIFIED so that the penalty structure is consistent with Pac-12 practice, continues
to deter substance abuse, and enhances education and rehabilitation opportunities. Modifications to
this policy are indicated in the attached document.

Signed this 1st day of August, 2014
Edward J. Ray, OSU President

 


Compare Original and Final Substance Use and Testing Policy (PDF)

President Modifying Parking 10-1-2014

OREGON STATE UNIVERSITY’S

MODIFICATION OF MOTOR VEHICLES STANDARD

October 1, 2014

 

 

Effective October 1, 2014, OSU’s Motor Vehicle Standard (576-030-0005 through -0090) is MODIFIED to reflect a new comprehensive approach to commuting and service transportation, as well as parking on the Corvallis campus.  Modifications to this Standard are indicated in the attached document.

 

Signed this 3rd day of September, 2014

 

 Edward J. Ray, OSU President


Compare Original and Final Parking Standard (PDF)