Procurement and Contracting: Code of Ethics

Policy Number: 
IV.09.02
Reason for Policy: 

This policy helps provide a framework to ensure ethical decision-making by UO employees with respect to purchasing, contracting and related matters. 

Entities Affected by this Policy: 

All UO employees or offices engaging in purchasing and contracting.

Enactment & Revision History: 

Policy (formerly known as OAR 580-61-0000) inherited as a UO policy on July 1, 2014. Technical amendments approved by the University Secretary on June 23, 2015.

OAR History: Stat. Auth.: ORS 351.  Stats. Implemented: 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

Policy: 

(1) The following Code of Ethics will apply to University of Oregon employees in relation to procurement and contracting. Employees will:

(a) Give first consideration to the objectives and policies of the University of Oregon (UO);

(b) Strive to obtain the best value for expenditures;

(c) Fairly consider prospective Contractors insofar as state or federal statutes and UO 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 UO’s 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 UO 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 UO Procurement and Contracting Code of Ethics.

(2) This code is for the UO’s internal use only and creates no obligations enforceable by Contractors, Proposers, Bidders, or other parties doing business with the UO, nor may it be used by Contractors, Proposers, Bidders, or other parties doing business with the UO who are challenging actions taken by the UO or its officers, employees, or agents. This code may not be the only statement on ethics applicable to an employee.

Chapter/Volume: 
  • Volume IV: Finance, Administration and Infrastructure
  • Chapter 9: Purchasing and contracting
Responsible Office: 

For questions about this policy, please contact the Office of the Vice President for Finance and Administration at (541) 346-2419 or contract@uoregon.edu .

Information Security Program

Policy Number: 
IV.06.01
Reason for Policy: 

This policy grants authority to the University of Oregon Information Security Office to perform various security activities to protect the University’s data, computers, networks, and users.

Entities Affected by this Policy: 

All University personnel and external parties involved with using, requesting, approving, or accessing UO information assets.

Enactment & Revision History: 

Approved by President Schill as a permanent policy on April 25, 2016.

Extended by President Michael Schill on December 15, 2015.

Enacted as an emergency policy by Dr. Scott Coltrane, Interim President on June 25, 2015.

This policy supersedes former OAR Chapter 580, Division 055.

Policy: 

This policy grants authority to the University of Oregon Information Security Office, a unit within Information Services, to implement an Information Security Program to mitigate risk regarding information security.  Responsibilities of the Information Security Program include, but are not limited to:

  • Develop policies, procedures, and guidelines for securing University systems, networks, and data based on applicable laws, regulations, and best practices
  • Consult with campus users and departments to investigate information security issues, perform risk assessments, and propose products and processes to mitigate risk discovered
  • Monitor the University networks to identify malicious activity
  • Provide incident response for information security incidents
  • Increase campus awareness of information security through training and communication
  • Use frameworks to ensure that information security is built into current and new systems. Identify risks to the security of information, systems, and users in order to mitigate these risks to levels acceptable by University Administration.

The University of Oregon Information Security Office will have information security responsibilities over all University data, computers, and networks.  Each member of the University community has a role in protecting the security of information including faculty, staff, students, vendors, and contractors. The University of Oregon Information Security Office will implement an Information Security Program to mitigate risk regarding information security.  There will be a number of duties performed by the University of Oregon Information Security Office to carry out the responsibilities of the Information Security Program.  The Program will include, but is not limited to, the following activities:

1. Development of Policies, Procedures, and Guidelines

The University of Oregon Information Security Office will draft policies, procedures, and guidelines related to information security.  These may be overarching policies such as data classification polices or specific technical guidelines such as how to encrypt hard drives.  The policies, procedures, and guidelines will be developed in conjunction with Campus IT Leadership to ensure that they will be effective in mitigating risk in the many diverse Campus units.  Additional identified groups will also be included in the review to gather input.  The policies, procedures, and guidelines will be developed based on state and federal laws and regulations by which the University is bound as well as best practices in the information security community. Changes in policy will be reviewed by the Policy Advisory Council.  Changes in procedures will be reviewed by Campus IT Leadership.

2. Perform Risk Assessments

The University of Oregon Information Security Office will perform risk assessments of central systems to determine gaps where additional security controls are needed.  If gaps are discovered, recommendations will be made to mitigate potential risk.  The University of Oregon Information Security Office will also work with Campus units who request a risk assessment of their systems.  Occasional Campus-wide security assessments will be performed in conjunction with Campus IT Leadership.

3. Operate Security Systems

The University of Oregon Information Security Office will operate systems that monitor the security of UO computers and networks.  Examples of these types of systems include the campus-provided antivirus solution and our malware detection system

4. Perform Network Monitoring

The University of Oregon Information Security Office will monitor the University networks for malicious activity.  These can include, but are not limited to, the presence of viruses and malware, users transmitting or receiving larger than normal amounts of data, violations of the Acceptable Use Policy , systems being used to relay spam, and internal or external individuals attempting to break into University systems.  The University of Oregon Information Security Office will use these network monitoring capabilities to notify individuals and University units of systems where problems are detected. By default the Information Security Office will not investigate monitored data at the level of an individual user, but will investigate at the individual level when an appropriate triggering event occurs on its Security Systems (such as the antivirus system). Authorized investigators include Information Security Office staff and also IT Professionals in the units where an event is triggered."

5. Data Retention Limits

Data (construed to include all personally-identifiable information in addition to other forms of retained data) from security systems and network monitoring systems will be maintained for a maximum of one year unless otherwise required by law.  The need for data retention up to this maximum limit will be reviewed on a periodic basis to determine if data can be retained for a shorter period of time.  Any retention of data beyond the maximum of one year will require a revision to policy per the regular policy press.

6. Lead Security Incident Response

The University of Oregon Information Security Office will provide security incident response in the event of breaches on University systems.  This will include forming a Security Incident Response Team, performing forensics to gather relevant data, and providing a report on whether and how the system was compromised, what type of data was resident on the system, and if the data appears to have been viewed or exfiltrated by an unauthorized individual.

7. Provide Security Awareness, Training, and Communication

The University of Oregon Information Security Office will raise the awareness of information security through awareness materials, website presence, and awareness talks at University meetings.  The University of Oregon Information Security Office will also provide training for technical and non-technical Faculty, Staff, Students, Vendors, and Contractors on security tools that can be used to mitigate security risk.  Finally, the University of Oregon Information Security Office will provide communications to Campus IT Leadership on how to remediate security vulnerabilities when they are discovered.

8. Use Security Frameworks to Provide a Consistent Security Posture

The University of Oregon Information Security Office will use the Framework for Improving Critical Infrastructure Cybersecurity developed by the National Institute of Standards and Technology to address the security posture of the University.  By standardizing on one framework the University of Oregon Information Security Office will be able to provide for consistent and repeatable security assessments and recommendations across all University systems, data, and networks.

Chapter/Volume: 
  • Volume IV: Finance, Administration and Infrastructure
  • Chapter 6: Information technology
Responsible Office: 

For questions about this policy, please contact the Chief Information Security Officer at (541) 346-9700 or security@uoregon.edu.

Data Security Incident Response

Policy Number: 
IV.06.03
Reason for Policy: 

This policy will provide for a consistent and repeatable process for responding to data security incidents.

Entities Affected by this Policy: 

All University of Oregon data users

Enactment & Revision History: 

 

Enacted as a permanent policy by President Schill on April 25, 2016.

Extended by President Michael Schill on December 15, 2015.

Enacted as an emergency policy by Dr. Scott Coltrane, Interim President on June 25, 2015.

This policy supersedes Fiscal Policy Manual 56.350.240

 

Policy: 

The University of Oregon is committed to compliance with all applicable state and federal and laws and regulations relating to the compromise of Sensitive Data (as detailed in the University of Oregon Data Classification Policy). 

Data Exposure Investigation: In the event that paper or electronic records containing sensitive data are subject to an unauthorized release or access to unauthorized persons, The University of Oregon Data Security Incident Response Procedure must be used to determine whether any sensitive data have in fact been exposed, what specific data were exposed, the impact of the exposure, and what actions are required for legal compliance related to the exposure.

Notification: The decision on notification will be made by the Office of the General Counsel based on applicable Federal and State law.

Security Incident Reports Annual Summary: On an annual basis a summary of Security Incident Reports will be produced by the CISO that will detail the number of Reports issued and how many of the Reports required notification (upon the decision of the Office of the General Counsel). Given the nature of these investigations, these summary reports cannot risk further exposure of sensitive information, and so can be expected to be minimal in their level of detail beyond the two requirements stipulated herein (namely, a summary accounting of the number of Reports issued and how many of the Reports required notification).

Scope of Duty to Report: Any University of Oregon faculty, staff, student, vendor or contractor who has a reasonable cause to believe that sensitive data has been exposed to unauthorized persons must immediately notify the UO Information Security Office.  Individuals can either send an email to security@ithelp.uoregon.edu or call (541) 346-5837. Employees who identify themselves and make a good faith report of suspected fraud, waste, or abuse are protected from retaliation, in accordance with Oregon law. UO will maintain confidentiality for employees reporting suspected irregularities, misconduct, safety issues, or other concerns to the extent possible under the law.

Chapter/Volume: 
  • Volume IV: Finance, Administration and Infrastructure
  • Chapter 6: Information technology
Responsible Office: 

For questions about this policy, please contact the Chief Information Security Officer at 541-346-9700 or security@uoregon.edu

Data Classification

Policy Number: 
IV.06.02
Reason for Policy: 

This policy will provide for a way for the UO Community to classify data according to its level of sensitivity.  The associated procedures detail how classified data should be protected.

Entities Affected by this Policy: 

All University of Oregon data users

Enactment & Revision History: 

Enacted as a permanent policy by President Schill on 04/25/2016.

Extended by President Michael Schill on December 15, 2015.

Enacted as an emergency policy by Dr. Scott Coltrane, Interim President on June 25, 2015.

This policy supersedes Fiscal Policy Manual 56.350.200-230 and UO Policy 10.00.01.

Policy: 

Summary

The purpose of this policy is to protect the information resources of the University from unauthorized access or damage. The requirement to safeguard information resources must be balanced with the need to support the pursuit of legitimate academic objectives. The value of data as an institutional resource increases through its widespread and appropriate use; its value diminishes through misuse, misinterpretation, or unnecessary restrictions to its access.

Classification of Data
All University data is classified into levels of sensitivity to provide a basis for understanding and managing University data.  Accurate classification provides the basis to apply an appropriate level of security to University data.  These classifications of data take into account the legal protections (by statute or regulation), contractual agreements, ethical considerations, or strategic or proprietary worth.  Data can also be classified as a result of the application of “prudent stewardship,” where the best reason to protect the data is to reduce the possibility of harm to individuals or to the institution.
 
Classification Levels

The classification level assigned to data will guide Data Trustees, Data Stewards, Data Custodians, business and technical project teams, and any others who may obtain or store data, in the security protections and access authorization mechanisms appropriate for that data. Such categorization encourages the discussion and subsequent full understanding of the nature of the data being displayed or manipulated.  Data is classified as one of the following:

  • Public (low level of sensitivity)
    Public data is not considered confidential. Examples of Public data include published directory information and academic course descriptions. The integrity of Public data must be protected, and the appropriate Data Trustee or Steward must authorize replication of the data. Even when data is considered Public, it cannot be released (copied or replicated) without appropriate approvals.
  • Internal (moderate level of sensitivity)
    Access to “Internal” data must be requested from, and authorized by, the Data Trustee or Steward who is responsible for the data.  Data may be accessed by persons as part of their job responsibilities. The integrity of this data is of primary importance, and the confidentiality of this data must be protected. Examples of Internal data include purchasing data, financial transactions (that do not include sensitive data), and information covered by non-disclosure agreements.
  • Sensitive (highest level of sensitivity)
    Access to “Sensitive” data must be controlled from creation to destruction, and will be granted only to those persons affiliated with the University who require such access in order to perform their job, or to those individuals permitted by law. The confidentiality of data is of primary importance, although the integrity of the data must also be ensured. Access to sensitive data must be requested from, and authorized by, the Data Trustee or Steward who is responsible for the data. Sensitive data includes information protected by law or regulation.

In addition to the Sensitive classification, there are two subsections of Sensitive data.

  • Regulated sensitive data includes data governed by state or federal law such as the Family Educational Rights and Privacy Act, Health Insurance Portability and Accountability Act, Gramm–Leach–Bliley Act, and the Oregon Consumer Identity Theft Protection Act. It also may be governed by other federal, state, or local laws, or contractual obligations.
  • Unregulated sensitive data includes data that is not regulated by statute, but still considered sensitive due to proprietary, ethical, or privacy considerations.  This generally includes all forms of research.

Data Associated with Selected Regulations
Health Insurance Portability and Accountability Act (HIPAA): Personal Health Data
Family Educational Rights and Privacy Act (FERPA): Student Data (Education Records)
Payment Card Industry Data Security Standard (PCI DSS): Credit Card Data
Gramm-Leach-Bliley Act (GLBA): Financial Data, Social Security Numbers

Oregon Consumer Identity Theft Protection Act (CITPA): Social Security number, Driver license number, state identification number, Passport number/U.S.-issued, identification number, Financial Data

Data Security Recommendations for the Classification Levels
The Chief Information Security Officer will create and maintain security procedures for the various types of data use by the University.  These are the Minimum Security Procedure for Devices with Sensitive Information and Minimum Security Procedure for Devices with Public or Internal Information.  In addition, a security guide is available for the handling of physical data.  This is the Minimum Security Procedure for Handling Physical University Data.  Finally, Information Services has developed an Employee Electronic Records Access Procedure.

Roles and Responsibilities
 

Chief Information Security Officer
The Chief Information Security Officer implements policies and procedures to comply with the various state and federal laws and regulations applicable to the University of Oregon.

Data Trustee
The Data Trustee for all University data is the Provost or their designees who have planning, policy-level and management responsibility for data within their functional areas.  Data Trustee responsibilities include:

  • Assigning and overseeing Data Stewards
  • Overseeing the establishment of data policies in their areas
  • Determining statutory and regulatory requirements for data in their areas
  • Promoting appropriate use and data quality

Data Stewards
Data Stewards are University officials having direct operational-level responsibility for the management of one or more types of data.  Data Stewards must be authorized by the appropriate Data Trustee and are generally associate deans, associate vice presidents, directors or managers.  Data Steward responsibilities include:

  • The application of this and related policies to the systems, data, and other information resources under their care or control
  • Assigning data classification labels using the University's data classification methodology
  • Identifying and implementing safeguards for Sensitive Data
  • Communicating and providing education on the required minimum safeguards for protected data to authorized data users and data custodians
  • Authorize access, both logical and physical, only to authorized personnel who have a business need to access specific data or other information assets
  • Authorize remote access to information assets to only Authorized Personnel who have a business need to access specific data through a secured system approved by the Chief Information Security Officer of the University

In cases where multiple Data Stewards collect and maintain the same sensitive data elements, the Data Stewards must work together to implement a common set of safeguards.

Data Custodians
Data Custodians are Information & Technology or computer system administrators responsible for the operation and management of systems and servers which collect, manage, and provide access to University data.  Data Custodians must be authorized by the appropriate Data Stewards.  Data Custodian responsibilities include:

  • Maintaining physical and system security and safeguards appropriate to the classification level of the data in their custody
  • Complying with applicable University computer security standards
  • Managing Data Consumer access as authorized by appropriate Data Stewards
  • Following data handling and protection policies and procedures established by Data Stewards and Information Security

Data Consumers
Data Consumers are the individual University community members who have been granted access to University data in order to perform assigned duties or in fulfillment of assigned roles or functions at the University.  This access is granted solely for the conduct of University business.  Data Consumer responsibilities include:

  • Following the policies and procedures established by the appropriate Data Stewards and Information Security;
  • Complying with federal and state laws and regulations, and University policies associated with the University data used;
  • Implementing safeguards prescribed by appropriate Data Stewards for Sensitive Data; and
  • Reporting any unauthorized access or data misuse to Information Security as well as the appropriate Data Trustee, Steward, and Custodian, for remediation.

 

Chapter/Volume: 
  • Volume IV: Finance, Administration and Infrastructure
  • Chapter 6: Information technology
Responsible Office: 

For questions about this policy, please contact the Chief Information Security Officer at 541-346-9700 or security@uoregon.edu.

Student Conduct Code

Policy Number: 
III.01.01
Reason for Policy: 

The Student Conduct Code establishes community standards and procedures necessary to maintain and protect an environment conducive to learning and in keeping with the educational objectives of the University of Oregon.

Entities Affected by this Policy: 

All students enrolled at the University of Oregon, Division of Student Life, and Academic Affairs

Enactment & Revision History: 

Enacted as OAR Chapter 571, Division 21 in 2006

Adopted as UO Policy on July 1, 2014

Amended by the Board of Trustees on September 11, 2014

Amended by the Board of Trustees on June 4, 2015

Technical revisions made by the Secretary on June 29, 2015

Policy: 

All revisions to Student Conduct Code procedures, including but not limited to jurisdictional revisions, shall apply retroactively to pending Student Conduct complaints, filed on or after September 11, 2014

Section 1: Student Conduct Policies

I. Mission

1.     The primary mission of the Student Conduct Code is to set forth the community standards and procedures necessary to maintain and protect an environment conducive to learning and in keeping with the educational objectives of the University of Oregon.  Founded upon the principle of freedom of thought and expression, an environment conducive to learning is one that preserves the freedom to learn -- where academic standards are strictly upheld and where the rights, safety, dignity and worth of every individual are respected.

2.     Learning is a process defined by the exchange of ideas and the advancement of knowledge.  As such, learning entails a community of scholars united by their participation in, and commitment to, intellectual exchange.  The University is, first and foremost such a community.  Learning also involves reflecting on decisions and improving decision-making in the future.  By establishing the standards of this community, the Student Conduct Code serves not just as a disciplinary system, but also as a part of the educational system.  Hence, a corollary mission of the Student Conduct Code is to teach students to live and act responsibly in a community setting, with respect for the rights of other students and members of that community, and for the property, common resources, code of conduct, and laws associated with that community, and to encourage the development of good decision-making and personal integrity. 

3.     Students are simultaneously members of the University community and the broader community (e.g. city, state, nation, and world). The Student Conduct Code, and the processes of its administration and enforcement, is directed specifically toward maintaining the standards of the University community.  Within its jurisdiction the University may impose disciplinary sanctions against students or student organizations when their conduct materially interferes with the educational objectives of the University or university community member.

II. Definitions

For purposes of the Student Conduct Code,

1.     “Academic Misconduct” means the violation of university policies involving academic integrity.  Examples include, but are not limited to:  

a.     Intentional tampering with grades, resubmitting assignments for more than one class without the permission of the professor; and

b.     Intentionally taking part in obtaining or distributing any part of a test that has not been administered;

c.     Cheating, as defined in this code;

d.     Plagiarism, as defined in this code;

e.     Knowingly furnishing false information to a University Official; and

f.      Fabrication, as defined in this code.

2.     “Accused Student” means any student accused of violating the Student Conduct Code.

3.     “Cheating” means any act of deception by which a student misrepresents or misleadingly demonstrates that the student has mastered information on an academic exercise that the student has not mastered.  Examples include but are not limited to: 

a.     Giving or receiving unauthorized help in an academic exercise; 

b.     Use of sources or resources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments;

c.     Acquisition, without permission, of tests or other academic material belonging to a member of the University faculty or staff; and

d.     Engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.

4.     “Community Standards Administrator” means the University official, as designated on a case-by-case basis by the Director of Student Conduct and Community Standards, authorized to impose sanctions upon any student found to have violated the Student Conduct Code.

5.     “Community Standards/ Student Conduct Committee” means the Committee established pursuant to this Code, comprised of persons appointed by the President with the responsibility for formulating, approving or recommending changes related to the Student Conduct Program.

6.     “Complainant” means any person who submits a complaint alleging that a student violated the Student Conduct Code. The Complainant need not be a person who was the target or victim of the alleged violation.

7.     “Contacting” has its common meaning.  It includes, but is not limited to, communicating with or remaining in the physical presence of the other person.

8.     “Contact of a Sexual Nature” for purposes of Sexual Misconduct in the Student Conduct Code means the touching of the genitalia, anus, buttocks or breasts of a person or causing such person to touch the genitalia, anus, buttocks or breasts of another.

9.     “Contempt” means disregard of, or disobedience to, the rules or orders of any process under this Code or an interruption of its proceedings by disorderly behavior or insolent language in a way or place that disturbs the proceedings or ignores the authority of the tribunal.

10.  “Director of Student Conduct and Community Standards” is the person designated by the University Senate, Board of Trustees and University President or designee to be responsible for the administration of the Student Code.

11.  “Drug” means a controlled substance or its immediate precursor classified in Schedules I through V under the federal Controlled Substances Act, 21 U.S.C.811 to 812 or as defined in ORS475.005 or modified in ORS475.035.

12.  “Explicit Consent” for purposes of Sexual Misconduct in the Student Conduct Code means voluntary, non-coerced and clear communication indicating a willingness to engage in a particular act. “Explicit consent” includes an affirmative verbal response or voluntary acts unmistakable in their meaning.

13.  “Fabrication” means the intentional use of information that the author has invented when the student states or implies otherwise, or the falsification of research or other findings with the intent to deceive.

14.  “Faculty Member” means a person hired by the University to conduct classroom, research or teaching activities or who is otherwise considered by the University to be a member of its faculty, including officers of instruction, officers of research and officers of administration.

15.  “Gambling” means an activity in which a person stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under the control or influence of the person, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome.  “Gambling” does not include those activities expressly excluded by ORS167.117.

16.  “Harassment” means: 

a.     Intentionally subjecting a person to offensive physical contact;

b.     Unreasonable insults, gestures, or abusive words, in the immediate presence, and directed to, another person that may reasonably cause emotional distress or provoke a violent response (including but not limited to electronic mail, conventional mail, social media and telephone) except to the extent such insults, gestures or abusive words are protected expression; or

c.     Other types of prohibited discrimination, discriminatory harassment, and sexual harassment as defined by law.

17.  “Hazing” means any initiation rites, on or off campus, involving any intentional action or situation that a reasonable person would foresee as causing mental or physical discomfort, embarrassment, or ridicule. Individual acceptance of or acquiescence to any activity that occurs during an initiation rite does not affect a determination of whether the activity constitutes hazing.  Activities and situations that may occur as part of hazing include, but are not limited to:

a.     Sleep deprivation or causing excessive fatigue;

b.     Physical or psychological shock;

c.     Public stunts or jokes;

d.     Compelled ingestion of any substance;

e.     Degrading or humiliating games or activities;

f.      Activities that have an adverse effect on academic progress;

g.     Forced servitude;

h.     Activities which are not consistent with the parent organization's rules and regulations; or

i.      Other activities which violate Federal, State, or local laws.

18.  “Institution” means the University of Oregon and all of its undergraduate, graduate and professional schools, divisions, activities and programs and may be used interchangeably with “University.”

19.  “May” is used in the permissive sense.

20.  “Mental Disorder” for purposes of Sexual Misconduct in the Student Conduct Code means that a person suffers from a mental disease or disorder that renders that person incapable of appraising the nature of the conduct of another person.

21.  “Mental Incapacitation” for purposes of Sexual Misconduct in the Student Conduct Code means that a person is rendered incapable of appraising or controlling one’s own conduct at the time of the alleged offense because of the influence of a controlled or intoxicating substance or because of any act committed upon the person without consent.

22.  “Member of the University Community” includes any person who is a student, faculty member, University official or any person employed by the University.

23.  “Penetration” for purposes of Sexual Misconduct in the Student Conduct Code means any degree of insertion, however slight, of the penis or any object into the vagina or anus, or the penis into the mouth.

24.  “Physical Helplessness” for purposes of Sexual Misconduct in the Student Conduct Code means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to engage in an act.

25.  “Plagiarism” means using the ideas or writings of another as one’s own.  It includes, but is not limited to:

a.     The use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgement; and

b.     The unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

26.  “Policy” means the written regulations of the University.  Examples of where written policies may be found include, but are not limited to:

a.     The Student Conduct Code;

b.     Residence Life Contract;

c.     Information posted by the University on its web pages;

d.     Computer Acceptable Use Policy;

e.     Living Group Alcohol Policy;

f.      Greek Social Policy;

g.     Graduate/Undergraduate Catalog; and

h.     Student Handbook.

27.  “President” means the University President.

28.  “Shall” and “will” are used in the imperative sense.

29.  “Sexual Misconduct” means:

a.     Unwanted Penetration is Penetration of another person, or causing the Penetration of another person, when one:

A.     Does not first obtain Explicit Consent from that person; or

B.     Knows or should have known the person was incapable of explicit consent by reason of Mental Disorder, Mental Incapacitation, or Physical Helplessness.

b.     Nonconsensual personal contact occurs when a student subjects another person to contact of a sexual nature when a reasonable person would know that such contact would cause emotional distress:

A.     Without having first obtained Explicit Consent; or

B.     When he or she knows or should have known the person was incapable of explicit consent by reason of Mental Disorder, Mental Incapacitation, or Physical Helplessness.

c.     Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that interferes with work or academic performance because it has created an intimidating, hostile, or degrading environment and would have such an effect on a reasonable person of the alleged complainant’s status when the conduct is unwelcome and sufficiently severe or pervasive that it deprives that person of benefits of the University’s educational environment.

d.     A single episode of behavior that meets a., b., or c. can be sufficient for a finding of sexual misconduct.

30.  “Student" means any person who has student status pursuant to Section IV (Jurisdiction) of this code.

31.  “Student Organization” means any group of University of Oregon students meeting criteria for group recognition established by the University.

32.  “University” means the University of Oregon and all of its undergraduate, graduate and professional schools, divisions, activities and programs and may be used interchangeably with “institution.”

33.  “University Appeals Board” means the person or persons authorized by this Code to consider an appeal from the outcome of an administrative conference.

34.  “University Official” means a person having assigned University responsibilities who is performing their University assignment.

35.  “University Premises” includes all land, buildings or grounds owned, leased, operated, controlled or supervised by the University including adjacent sidewalks and streets.

36.  “University Sponsored Activity” means any activity, including activities sponsored or organized by recognized student organizations, on or off University premises that is directly initiated or supervised by the University.

37.  “Unwanted Contact” means repeated or persistent contact or attempts to contact another person when the contacting person knows or should know that the contact is unwanted by the other person; and

a.     The contact would cause a reasonable person fear of physical harm; or

b.     The contacting person knows or should know that the contact substantially impairs the other person’s ability to perform the activities of daily life.

III. Delegations and Authority

The Board of Trustees of the University of Oregon delegates authority for administering this Code and the Student Conduct program as provided below:

1.     The Director of Student Conduct and Community Standards shall develop policies for the administration of the student conduct system and procedural that are consistent with provisions of the Student Conduct Code.

a.     Consistent with this code the Vice President for Student Life’s  designee may serve ad hoc in place of the Director of Student Conduct and Community Standards. 

2.     The Student Conduct Committee shall be responsible for recommending to the Board of Trustees of the University of Oregon policy or administrative changes in any aspect of the Student Conduct Program.

a.     The Committee shall be appointed by the President and shall consist of four faculty members to be recommended by the Committee on Committees and four student members to be recommended by the ASUO. Faculty and student members shall serve staggered, two-year terms and may be reappointed, up to three consecutive terms, or a maximum of six consecutive years.  The President may appoint temporary members to assure full Committee membership during summer session or at such other times as are necessary. 

b.     The Director of Residence Life or designee, the Director of Student Conduct and Community Standards and the Director of the Office of Student Advocacy shall be non-voting, ex-officio members of the Student Conduct Committee. 

3.     Sub-delegation of Authority to alternative processes and hearing officers.

a.     With the consent of the President of the University, the Community Standards Committee may sub-delegate jurisdiction to handle violations of the Student Conduct Code to University officials, committees or alternative processes.  In all instances such sub-delegation shall be defined by the Committee in terms of specific jurisdiction, enforceable regulations, and maximum disciplinary sanctions that may be imposed.

b.     Subject to approval by the President, the Community Standards Committee sub-delegates to the Interfraternity Council, Panhellenic Council, Club Sports Executive Committee, and Residence Hall Association the authority to formulate:

A.     Regulations governing the conduct of their respective organization members;

B.     Hearing procedures and administrative practices to be followed by their respective process;

C.     Disciplinary sanctions exclusive of expulsion, suspension, eviction or negative notation on transcript appropriate to the enforcement of their respective regulations; and

D.    Procedures for publication and notification to affected students of such regulations, hearing procedures and disciplinary sanctions.

c.     All such regulations, hearing procedures, and disciplinary sanctions shall be reduced to writing and approved by the Student Conduct Committee prior to implementation.  

d.     The authority granted to alternative processes and their respective governing bodies is conditional and may be withdrawn at any time by the Community Standards Committee when a is either unable or unwilling to assume its responsibilities as part of the University’s Student Conduct Program.

IV. Jurisdiction

Jurisdiction describes where and when the Student Conduct Code applies.

1.     Jurisdiction over types of actions and events.  The Student Conduct Code applies to actions by Students that materially interfere with:

a.     An educational opportunity of a University community member;

b.     The health and safety of any person;

c.     The maintenance or protection of University property or personal property located on campus;

d.     University record keeping;

e.     University living accommodations and other services; or

f.      University sponsorship or supervision of non-classroom activities such as lectures, concerts, athletic events and social functions.

2.     Jurisdictional boundaries.

a.     On-Campus.  The Student Conduct Code routinely applies to actions which occur on University Premises or at a University Sponsored Activity. 

b.     Off-Campus. The University extends jurisdiction without exception to off-campus sexual misconduct that consists of unwanted penetration or non-consensual personal contact as defined in Section 1, II (29) of this code.  The University shall have discretion to extend jurisdiction over conduct that occurs other than on University Premises or at a University Sponsored Activity.  In determining whether or not to extend jurisdiction, the University will consider its ability to gather information, including testimony of witnesses. The University may extend jurisdiction if the alleged conduct would have violated the Student Code of Conduct if the conduct had occurred on campus and:

A.     Adversely and significantly affects the learning or living environment; or

B.     Involved violence or produced a reasonable fear of physical harm; or

C.     Involved academic work or any records, documents, or identifications of the University.

3.     Student Status.  An individual’s status as a “student” is established by:

a.     An application for admission, housing, financial aid, or any other service provided by the University which requires student status;

b.     Registration for one or more credit hours; or

c.     Enrollment in a special non-credit program approved by the University.

4.     Jurisdiction over non-enrolled students. Jurisdiction is maintained between periods of enrollment unless the accused individual’s official record in the Office of the Registrar shows a complete withdrawal prior to the expiration of the published deadline for registration for the succeeding period of enrollment.  For students enrolled in the spring term, jurisdiction is maintained until the expiration on the published deadline for registration for the succeeding fall term. 

a.     If a student withdraws from the University after a Student Conduct complaint has been initiated, the University will maintain jurisdiction over the conduct matter until it is fully processed.

b.     Allegations of sexual misconduct, academic dishonesty or fraudulently obtaining a degree may be filed at any time, whether or not the student is currently enrolled or registered.

5.     The University has jurisdiction to address all conduct that would have violated the terms of the Student Conduct Code while the student was enrolled, if the conduct occurred from the date the Student is admitted to the University until the Student graduates or otherwise completely withdraws from the University, as described above, even if the conduct is not discovered until after the student completely withdraws or graduates.

6.     Allegations of sexual misconduct, academic dishonesty or fraudulently obtaining a degree may be considered at any time regardless when the alleged misconduct occurred.

7.     Students may be accountable both to civil and criminal authorities and to the University for behavior that constitute violations of the law and the Student Conduct Code.  Since the action of civil and criminal authorities is independent from University action, the University may decide whether to initiate or consider an alleged violation of the Student Conduct Code while criminal charges are pending or before they are filed or after they are resolved.

V. Student Conduct Code Violations

The following conduct violates the community standards that are essential to the core educational mission of the University of Oregon and subjects a Student or Student Organization to sanctions under the Student Conduct Code: (see Section 1, I for definitions) 

1.     Standards Relative to Academic and Personal Integrity.  Integrity is a bedrock value of the University community and includes respect for open and honest intellectual exchange as well as respect for University records and for the Student Conduct Code itself. The following conduct violates standards of academic integrity:

a.     Cheating;

b.     Fabrication;

c.     Plagiarism;

d.     Academic misconduct;

e.     Intentionally furnishing false information to a University Official;

f.      Forgery, alteration or unauthorized use of University documents, records, keys student identification, keycards or services;

g.     Creation or distribution of false identification;

h.     Failure to comply with the terms of any sanction imposed in accordance with the Student Conduct Code; or

i.      Contempt of adjudicative proceedings including impairing or interrupting the due course of proceedings in the presence of any process created under this Code.  Adjudication of contempt and imposition of sanctions may be imposed summarily consistent with procedures outlined in this code.

2.     Standards Relative to Respect for Property and for Shared University Resources.  The following conduct violates standards of respect for property and shared University resources:

a.     Engaging in behavior that could reasonably be foreseen to cause disruption of, obstruction of, or interference with the process of instruction, research, administration, student discipline, or any other service or activity provided or sponsored by the University;

b.     Damage, destruction, theft, or unauthorized use of property located on the University campus or property owned or controlled by the University;

c.     Unauthorized entry into or use of University property or University-recognized living units, facilities, residence halls, equipment, or resources;

d.     Disorderly conduct (including that resulting from the use of alcohol), unreasonable noise, or conduct that results in unreasonable annoyance;

e.     Failure to comply with the reasonable directions of public officials acting in performance of their duties on University Premises or at a University Sponsored Activity when such conduct poses a danger to personal safety or property or obstructs or impairs educational or other Institutional activities;

f.      Violation of University Policy on the acceptable use of computing and network resources.  Unacceptable uses of computing resources include, but are not limited to:

A.     Use of electronic forums to violate other sections of the Student Conduct Code;

B.     Sharing of accounts or computer lab passes;

C.     Violation of electronic privacy;

D.    Interference with computer use or operations;

E.     Commercial or illegal use of electronic or computer resources;

F.     Violation of copyright law; or

G.    Threats, abuse or Harassment, as defined in this code made or transmitted via electronic forums, social media platforms or electronic mail.

3.     Standards Relative to the Rights of Individuals and to the Welfare of the University CommunityAn environment conducive to learning is one where the rights, safety, dignity and worth of every individual are respected. The following conduct endangers such an environment, and threatens the welfare of the University community as a whole:

a.     Physical contact that endangers, threatens, or harms the health or safety of any person or behavior that causes a reasonable person to fear such contact;

b.     Hazing, as defined in this code;

c.     Possession, use, or threatened use of a weapon, ammunition, or any object or substance used as a weapon on University Premises or at a University Sponsored Activity unless expressly authorized by law or University Policy. A concealed weapons permit does not constitute authorization.

d.     Unauthorized possession, use, or threatened use of dangerous chemical or biological substances or explosives;

e.     Tampering with fire-fighting equipment, turning in a false alarm, or engaging in conduct that constitutes a significant fire hazard;

f.      Harassment, as defined in this code because of another person’s race, ethnicity, color, gender, gender identification, national origin, age, religion, marital status, disability, veteran status, sexual orientation, or for other reasons, including but not limited to harassment prohibited by University Policy;

g.     Unwanted Contact, as defined in this code;

h.     Sexual Misconduct as defined in this code;

A.     Sexual gratification or pleasure of any party involved is not relevant to a determination of whether Sexual Misconduct occurred.

B.     A violation of provisions of the alcohol or drug policy in the Student Conduct Code does not affect a person's ability to file a complaint regarding another person’s Sexual Misconduct on the same occasion.

C.     Consent to one form of sexual activity does not automatically operate as explicit consent to any other form sexual activity.  A “no” always means that explicit consent is not present, whereas a “yes” to one act at one time does not mean “yes” to other acts or to the same act at other times.  Voluntarily making oneself incapacitated does not mean one is giving explicit consent to any form of sexual activity.

i.      Prohibited alcohol use, which includes: 

A.     Possession or consumption of alcohol by those under 21 years of age on University Premises or at a University Sponsored Activity;

B.     Furnishing of alcohol to a person under 21 years of age; or

C.     Consumption of an alcoholic beverage by a person at least 21 years of age or furnishing of an alcoholic beverage by or to a person at least 21 years of age, except in such areas and at such times as the University authorizes.

j.      Prohibited drug use, which includes:

A.     Manufacture, processing, distribution, or cultivation of a Drug, including but not limited to marijuana or narcotics, on University Premises or at a University Sponsored Activity, except as expressly permitted by both State and Federal law;

B.     Sale of a Drug, including but not limited to marijuana or narcotics, on University Premises or at a University Sponsored Activity; or

C.     Possession of a Drug, including but not limited to marijuana or narcotics, on University Premises or at a University Sponsored Activity except as expressly permitted by law.

k.     Lewd or indecent conduct on University Premises or at a University Sponsored Activity.  Lewd or indecent conduct includes, but is not limited to, any unauthorized use of electronic or other devices to make an audio or video record that would be an invasion of privacy pursuant to ORS163.700. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.

l.      Gambling, as defined and prohibited in ORS167.108 to 167.164 except as authorized by ORS464.270 to 464.530.

VI. Sanctions

The University utilizes an educational sanctioning model; administrators will make every attempt to provide an educational sanction that will help a student to make better choices in the future.  The educational sanction applied will become progressively more demanding if the student repeats violations, demonstrating that learning has not taken place.  An accumulation of a variety of violations including sexual assault may result in severe sanctions such as suspension, expulsion or negative notation on a transcript.  Academic dishonesty and violations affecting the health, safety and well being of anyone are deemed the most severe and may result, upon the first violation, in a negative notation being placed on a transcript, suspension, or expulsion.

1.     Forms of Sanctions

a.     Expulsion.  Student status is severed permanently.  A Student who has been expelled from the University shall not be permitted to participate in any University Sponsored Activity or allowed to reside on University Premises.

b.     Suspension. 

A.     Individual Suspension.  Student status is severed for a specified period. A student who has been suspended from the University shall not be permitted to participate in any University Sponsored Activity or allowed to reside on University Premises during the period the student is suspended.

B.     Group Suspension.  A Student Organization loses University recognition and all privileges associated with such recognition for a specified period. Imposition of this sanction against the ASUO or a recognized Student Organization requires approval by the Vice President for Student Life’s designee 

c.     Negative Notation on Transcript.  Entry of the fact of violation on the Student’s permanent academic record as the sole or an additional sanction may be imposed at the discretion of the administrator. After the expiration of the period of time, if any, set by the hearing officer, the notation shall be removed upon the request of the Student or former Student.

d.     Revocation of Degree. An academic degree previously awarded by the University may be revoked if it was obtained by fraud or a significant part of the work submitted in fulfillment of, and indispensable to, the requirements for such degree constitutes Plagiarism. The Academic Requirements Committee may, upon appeal of a University graduate subjected to degree revocation, stipulate the requirements for obtaining a degree.

e.     Grade Penalty.  A Student admitting Academic Misconduct or found responsible for Academic Misconduct is subject to a grade penalty as determined by the instructor in the course in which the violation occurred.

f.      Disciplinary Probation.  In lieu of another sanction, a period of probation may be imposed during which any violations of the Student Conduct Code will result in more serious sanctions than might be otherwise imposed. A Student or Student Organization on probation may or may not lose designated privileges during the period of probation. During the time on probation, a Student or Student Organization may, by demonstrating good conduct, avoid additional sanctions. Imposition of this sanction against the ASUO or an ASUO-recognized group requires approval by the Vice President for Student Life’s designee

g.     Restitution.  The Student or Student Organization is required to replace or restore damaged, stolen, or misappropriated property.

h.     Educational Activity.  The Student or Student Organization is required to complete a project or activity designed to help the Student or Student Organization understand why the behavior was inappropriate and encourage future compliance with the Student Conduct Code.  The educational activity is designed to correspond to the severity and nature of the violation and to clarify the impact of that behavior on Members of the University Community.  Educational activities may include, but are not limited to, assessments of substance abuse and other behaviors, community service, workshops, papers and similar assignments. Community service, papers, and similar assignments will not be used for cases of unwanted penetration or nonconsensual physical contact.

i.      Loss of Privileges. The Student or Student Organization is denied specified privileges normally associated with Student Status or recognized Student Organization status, such as participation in or sponsorship of University activities, use of University facilities or services, or living in University-owned or supervised housing. Imposition of this sanction against the ASUO an ASUO-recognized group requires approval by the Vice President of Student Life’s designee.

j.      Conduct Reprimand.  The Student or Student Organization is given written notice that the conduct engaged in is inconsistent with University standards and expectations and informed that future violations of the Student Conduct Code may result in the imposition of more serious sanctions.

k.     Suspended Sanction.  The execution of any sanction authorized under the Student Conduct Code may be suspended. When suspending a sanction, a time limit for the suspension period shall be designated, and subsequent violations of the Student Conduct Code that will terminate the suspension and result in the imposition of the original sanction shall be specified. In the absence of any such violation, the original sanction shall be deemed completed at the end of the suspension period.

2.     Medical Leave.  Actions taken pursuant to University policies on medical leave shall not be deemed disciplinary sanctions within the meaning of the Student Conduct Code.

3.     Failure to complete a sanction will be handled pursuant to Processes found in this code.

Section 2: Student Rights

Procedural fairness is basic to the proper enforcement of all University regulations.  Accordingly, no disciplinary action shall be initiated or sanction imposed against a Student or Student Organization until they have been notified in writing of the complaints against them and their rights under this Code, and given the opportunity to be heard. Complainants shall also be accorded certain accommodations, as provided below.

1.     Regulations and disciplinary sanctions affecting the conduct of all Students shall be based on general principles of equal treatment.

2.     The Director of Student Conduct and Community Standards shall insure that the best interests of Students and Student Organizations are served, regardless of whether disciplinary action is taken, by making full use of appropriate medical, counseling and other professional services at the University, or if necessary by making referrals to community resources.  For purposes of this Division, the Director may authorize another staff member to carry out any of the Director’s responsibilities unless expressly prohibited from doing so.

3.     Students shall have an opportunity to participate in the formulation of all regulations and policies pertaining to the Student Conduct Code at the University of Oregon.

4.     All University regulations and policies pertaining to student discipline shall be published, distributed, or posted in such a manner as to furnish adequate notice of their contents to Students or Student Organizations.

5.     Students accused of violations of the Student Conduct Code can expect the following procedural protections: 

a.     To be informed of the complaint and alleged misconduct upon which the complaint is based;

b.     To appear before the Director of Community Standards or their designee in an administrative conference, as outlined at in this code;

c.     To be allowed reasonable time to prepare for the conference;

d.     To be informed of the information upon which a complaint is based and accorded an opportunity to offer a relevant response;

e.     To propose relevant witnesses and submit suggested questions to the Director;

f.      To be assured of confidentiality, in accordance with the terms of the federal Family Educational Rights and Privacy Act and Oregon law;

g.     To request that any person conducting a disciplinary conference be disqualified on the ground of personal bias;

h.     To be considered not responsible for the alleged conduct until proven responsible by a preponderance of the information;

i.      To have an adviser of their choice present at the conference provided that the advisor’s schedule does not unreasonably delay the conference. The director shall determine what constitutes an "unreasonable" delay.

6.     A student accusing another student of a violation of the Student Conduct Code can expect the following procedural accommodations:

a.     To be allowed reasonable time to prepare for any participation in the conference;

b.     To be accorded the opportunity to offer a relevant response to any assertions made;

c.     To propose relevant witnesses and submit suggested questions to the Director;

d.     To be assured of confidentiality, in accordance with the terms of the federal Family Educational Rights and Privacy Act and Oregon law;

e.     To request that any person conducting a disciplinary conference be disqualified on the ground of personal bias;

f.      To be protected against retaliation for filing a complaint;

g.     To have an advisor of their choice present at the conference provided that the advisor’s schedule does not unreasonably delay the proceeding. The Director shall determine what constitutes an “unreasonable” delay;

h.     Upon request in the case of sexual misconduct, to be present in a separate room instead of the same room as the accused student.

Section 3: Administration of the Student Conduct Process

I. Administrative Policies  

This section of the code designates who is in control of the Conduct Process, and how the code and cases are administered.

1.     Disciplinary Records and Files. Case referrals will result in the development of a disciplinary file in the name of the accused student.  If the Student is found not responsible for the complaints, the disciplinary file will become void.  

a.     Voided files will be so marked and shall not result in a disciplinary record.  Voided files will normally be destroyed after one year.  Where a Student files a conduct complaint against another Student, a file shall be created for both Students.

b.     Disciplinary records may be voided by the Director of Conduct and Community Standards for good cause, upon written petition from the student.  Factors to be considered in review of such petitions shall include:

A.     The conduct of the Student subsequent to the violation; and

B.     The nature of the violation and the severity of any damage, injury, or harm resulting from it.

2.     Student Conduct Reports. 

a.     The Community Standards Committee shall require from University officials, hearings boards, referees, committees and tribunals periodic written reports of the disposition of all student conduct cases dealt with under their jurisdiction. The Committee shall examine such reports for consistency with existing policies and, when necessary, review the reports with the appropriate officials or tribunals.

b.     At the end of each academic year, the Committee shall submit to the Board of Trustees President, University Senate, Deans, Department Heads, the ASUO President, and the Office of Student Advocacy, a written report covering the entire Student Conduct Program, including an evaluation of the existing rules, policies, and enforcement procedures. This report shall also detail all Code revisions approved during the previous year and shall be available to any person upon request.

3.     Director of Student Conduct and Community Standards.

a.     The President of the University shall designate a Director of Student Conduct and Community Standards who shall have primary responsibility for administering the Student Conduct Program and coordinating the activities of all University officials, hearing officers, referees, committees, or tribunals that are concerned with the Community Standards Program.

b.     The Director shall be responsible to the Student Conduct Committee for maintaining complete records pertaining to the activities of the Community Standards Program. Those records shall include a summary of the business of the Community Standards Committee and a report of the disposition of each disciplinary case handled by any person or group authorized to impose disciplinary sanctions in the name of the University. For record keeping purposes, the Director may prescribe reporting procedures to be followed, in addition to those in paragraph (2) above by those authorized to impose disciplinary sanctions.

c.     The Director shall serve as non-voting Secretary of the Community Standards Committee and as advisor to all individuals and groups authorized to impose disciplinary sanctions. The Director shall serve as a non-voting, ex-officio member of the Residence Hall Governance Committee and of the residence hall Peer Judicial Board.

d.     The Director shall be responsible for gathering and presenting to the Student Conduct Committee the reports required by this code.

4.     Student Conduct Code Adoption, Amendment and Revision.

a.     Code establishment.  Upon approval by the Board of Trustees of the University of Oregon, this Student Conduct Code becomes effective and supersedes all previous regulations and policies pertaining to student discipline at the University of Oregon.

b.     Code Amendment.  This Code may be amended by the Board of Trustees of the University of Oregon, consistent with the Policy on Retention and Delegation of Authority upon consultation with the president, faculty, and students.

c.     Code Revision.  This Code shall be continuously reviewed in its entirety to make sure it is consistent with best practices.

 II. Student Conduct Procedures

This section of the code describes the process that the Student Conduct office adheres to following an alleged violation of the code.

1.     Complaint. Any Member of the University Community or the public may file a complaint against a Student (or non-enrolled student as defined in this code) for a violation of the Student Conduct Code.  A complaint shall be prepared in writing and directed to the Director of Student Conduct and Community Standards.  Any complaint should be submitted as soon as possible after the alleged violation takes place, preferably within one year.  Jurisdiction is determined pursuant to Section 1 of this code. The longer one waits to file a complaint the less information is likely to be available for the hearing, therefore it is important to file a complaint as soon as possible.  Once the Office of Community Standards receives a complaint, the Office has 60 days to send written notice to the accused Student of the complaint, unless for good cause an extension of six months is provided in writing by the Vice President for Student Life’s designee

2.     Notice. Upon receiving a complaint or notice that a Student may have violated the Student Conduct Code, the Director of Student Conduct and Community Standards shall serve a written notice upon the Student, either by electronic mail or by mailing to the latest address of the Student on file at the Office of the Registrar of the University, or, if necessary, by registered or certified mail or by personal service. A status update on the case shall be sent to the member of the university community who filed the complaint. Such notice shall inform the student of: 

a.     The alleged Code violation; 

b.     The opportunity for the student to meet with the Director for purposes of discussing the options for disposition of the case; 

c.     The Student’s right to assistance. At an administrative conference with the Director (or their designee or before the Appeals Board, of the Vice President for Student Life’s designee, if applicable, a Student may, but need not represent his or her own interests, or be assisted by someone including but not limited to one of the following representatives:

A.     The Office of Student Advocacy;

B.     Another Student;

C.     A member of the faculty or administration;

D.    An attorney.

d.     The requirement to respond within 7 calendar days to arrange a meeting with the hearing officer. The hearing officer will proceed as provided below if the Student does not arrange to meet or fails to meet with the hearing officer as arranged.

e.     To the extent the University provides free legal representation to students who are party to student conduct proceedings, it will ensure that free legal representation is equally available to student respondents and student complainants.

3.     Response: If after receiving notice, pursuant to this rule, the Student does not arrange to meet with the Director within 7 days or if the Student arranges to meet with the Director but does not attend such a meeting, the Director of Student Conduct and Community Standards may take any of the actions specified in this code for disposition of the case without consultation with or agreement by the Student.

4.     With the consent of an Accused Student, the Director of Student Conduct and Community Standards may defer proceedings for alleged minor violations of this Code for a period not to exceed ninety days.  Pending complaints may be withdrawn thereafter at the discretion of the Director of Student Conduct and Community Standards or designee.


III. Administrative Conferences

This section of the code outlines the rights that an accused student holds during the Conduct procedures, including rights relating to the student's mental capacity and any mental disorder the from which the student may suffer.

1.     Complainants, witnesses, and accused students may have an advisor, as defined this code, present during any interviews with the Director of Student Conduct and Community Standards, or designee, and any other conduct proceeding.

2.     Students accused of violations will have an administrative conference with the Director of Student Conduct and Community Standards, or designee.  The following procedural protections are provided to accused students in administrative conferences:

a.     Reasonable access to the case file prior to and during the conference, except to the extent access to such material is prohibited by law.  The case file may contain materials that are considered “education records” pursuant to the Family Educational Rights and Privacy Act (FERPA) of 1974, as amended and personal notes of University staff members and complainants. Access to these materials may be prohibited by law. Otherwise, to the extent allowed by law, copies of the case file will be provided upon request.

b.     An opportunity to respond to all information provided and to ask the Director or designee hearing the case to contact relevant and necessary witnesses.

c.     The right to have the case referred outside the Office of Community Standards if the Student can articulate a reasonable basis from which to conclude that the Office of Community Standards is biased for some reason that would prevent the student from receiving a fair hearing by the office. Such cases are referred to the Vice President for Student Life’s designee.

3.     In cases where the Director of Student Conduct and Community Standards concludes that a Student accused of any offense under the Student Conduct Code lacks the mental capacity to respond to the complaint, the Director shall stay the proceeding until such time that the Director concludes that the Student may adequately respond. A stay granted pursuant to this section shall not in any manner preclude a proceeding for medical leave under OAR Chapter 571, Division 23. If the student has been accused of Academic Misconduct, no academic sanction may be imposed during a stay granted pursuant to this section, but the faculty member for the coursework out of which the complaint of Academic Misconduct arose shall request the Registrar to assign a grade of “I” until the disciplinary proceeding has been completed.

4.     No sanctions shall be imposed against a Student who acknowledges engaging in the specific conduct alleged and who submits a written statement from a Student Health Center psychiatrist or a Counseling Center psychologist stating that, as a result of mental disorder at the time of the offense, the Student did not appreciate the wrongfulness of the conduct or could not conform his or her behavior to the requirements of the Code. The Student may submit any other supplemental information pertinent to his or her mental condition to the Director of Student Conduct and Community Standards. If, based upon all information received, the Director decides that the conduct of the Student resulted from mental disorder, the Director shall seek professional assistance and advice, and, if appropriate and legally authorized, consult with the Student’s parent or guardian or take other measures to assure a fair disposition of the case. If the Student has been accused of Academic Misconduct, the faculty member for the coursework in which the Academic Misconduct took place shall assign an appropriate grade.

5.     Administrative conferences regarding Sexual Misconduct will generally be complete within 60 days of the receipt of the complaint; however, the 60 day period may be extended for good cause including but not limited to situations where the complexity of the investigation, the number of witnesses identified, or the volume of information which needs to be gathered and reviewed necessitates more time.

IV. Appeals

The University Appeals Board (Appeals Board) is the final appeals body within the Student Conduct Program. The Appeals Board shall be responsible for reviewing substantive or procedural appeals from the decisions issued following an administrative conference. 

1.     A decision reached through an administrative conference may be appealed by the Accused Student or Complainant(s) within fourteen calendar days of the decision.  Such appeals shall be in writing, state the basis for the appeal and be delivered to the Office of Student Conduct and Community Standards. All appeals of cases involving sexual misconduct will be heard directly and exclusively by the Vice President for Student Life’s designee; all other appeals will be heard by the Appeals Board.

a.     An Accused Student who does not attend the administrative conference may appeal only to show with direct information that the Accused Student did not receive notice of the conference. 

b.     A Complainant(s) who fails to attend any requested meetings with the Director or fails to present information in a format approved by the Director may appeal only to show with direct information that the Complainant did not receive notice of the hearing.

2.     Except as the Appeals Board or the Vice President for Student Life’s designee determines necessary to explain the basis of new information, an appeal is limited to a review of the verbatim record of the administrative conference and supporting documents:

a.     To determine if the administrative conference was conducted fairly in light of the complaint made and information presented and in conformity with procedures required in this Code, giving the Complainant a reasonable opportunity to present information, and giving the Accused Student  reasonable notice and an opportunity to prepare and to respond to the allegations.  A deviation from procedures required by this Code will not be a basis for sustaining an appeal unless significant prejudice results;

b.     To determine whether the decision reached regarding the Accused Student was based on substantial information, that is, whether there were facts that, if believed by the Director or designee were sufficient to establish that a violation of the Code occurred;

c.     To determine whether the sanction(s) imposed were commensurate with violation;

d.     To consider new information sufficient to alter a decision or other relevant facts not brought out in the original hearing only if such information or facts were not known to the person appealing at the time of the hearing.

3.     No decision of may be overruled by the Appeals Board except through an affirmative vote of a majority of the Appeals Board members present.  If the Appeals Board or the Vice President for Student Life’s designee overrules a decision in whole or in part, it may: 

a.     Modify the decision or sanction; or          

b.     Remand for further proceeding.

V. University Appeals Board

The University Appeals Board is one option that the student has to have their case reviewed. This section of the code outlines how the members of the Appeals Board are chosen.

1.     The University Appeals Board (Appeals Board) is the final appeals body within the Student Conduct Program. As set forth in this code, the Appeals Board shall be responsible for reviewing substantive or procedural appeals from the decisions of all administrative conferences in cases except those involving sexual misconduct which shall be appealed directly to the Vice President for Student Life’s designee. 

2.     Membership. The Appeals Board shall consist of three faculty members, recommended by the Committee on Committees of the University Senate, and three student members, recommended by the ASUO.  Board members shall be appointed by the President and serve for one-year terms. They may be reappointed, but no member may serve for more than two consecutive terms. Temporary members may be appointed to assure full Appeals Board membership during summer session or at such other times as are necessary. The President shall designate one of the members as pro tempre chair of the Appeals Board. 

3.     The Appeals Board will elect its permanent chair at its first meeting. A quorum shall consist of two students and two faculty members. The Appeals Board shall establish its own rules of procedure. 

VI. Imposition of Sanctions, Adjudication of Contempt and Failure to Complete Assigned Sanctions

This section of the code designates who has authority to impose a sanction, and outlines the responsibility of the student regarding the sanctions.

1.     A University Official or Student Organization that determines that an Accused Student violated the Student Conduct Code may impose sanctions authorized by this Code unless otherwise expressly limited.  Sanctions are subject to appeal pursuant to this code.

2.     A University Official responsible for making a determination if a student has violated this Code may declare a Student participant in contempt of adjudicative proceedings pursuant to this code and impose sanctions without complying with the procedures otherwise required in this Code.  Adjudication of contempt and sanctions imposed are subject to appeal pursuant to this code.  Imposition of sanction and the circumstances that gave rise to it shall be reported to the Director of Conduct and Community Standards.

3.     Failure to complete assigned sanctions.  The University will use the procedures established by this section to enforce the timely completion of disciplinary sanctions issued under the Student Conduct Code.

a.     A Student who is found responsible for a Student Conduct Code violation and who receives a sanction will be informed orally by the Office of Student Conduct and Community Standards of the consequences of failing to complete the sanction.  The Office of Student Conduct and Community Standards will also inform the student in writing of the consequences of failing to complete the sanction as part of the decision letter sent to the Student.

b.     If a Student fails to complete the disciplinary sanction by the assigned deadline, the Office of Student Conduct and Community Standards will send the Student a letter that states:

A.     The Student has five class days after the assigned deadline to provide verification to the Office of Student Conduct and Community Standards that the assigned sanction has been completed or the Student’s record ability to register for classes, drop classes, or change grade options will be placed on hold;

B.     Once the Student’s record is on hold, the hold will not be removed until the Office of Student Conduct and Community Standards has received verification that the Student has completed the sanction; and

C.     The Student is responsible for ensuring that the Office of Student Conduct and Community Standards receives verification of completion of the sanction.

c.     When a hold is placed on a Student’s record, the Office of Student Conduct and Community Standards will inform the Student in a letter that the hold has been placed, the consequences of the hold, and the actions required to have the hold removed.

d.     The hold will be removed immediately once the Student provides verification of completion of the sanction.

e.     A Student who is unable to register because the student has not completed a sanction may seek a waiver from the Office of Student Conduct and Community Standards.  The Office of Student Conduct and Community Standards will grant a waiver, allowing the student to register, provided the Student agrees the Student’s registration may be cancelled immediately and the hold reinstated if the Student has not completed the sanction by a deadline set by the Office of Student Conduct and Community Standards, in its sole discretion.

Section 4: Academic Misconduct Procedures

This section of the code describes the process between the student suspected of misconduct and the University Official before the case is referred to the office of Student Conduct and Community Standards

1.     Notice. Upon the discovery of suspected Academic Misconduct, as defined in this code, the University Official with responsibility for the academic matter or the faculty member in whose course the incident occurred shall promptly notify the Student of the incident. This notice shall include a discussion of the option of having the case referred directly to the Director of Student Conduct and Community Standards.

2.     If a Student admits to Academic Misconduct in a course, the faculty member shall impose an appropriate academic sanction up to and including a grade of "N" or "F" and report the incident to the Office of Student Conduct and Community Standards. Written notice of the sanction or resolution without sanction shall be given the Student. If, in the judgment of the faculty member, further disciplinary action is warranted, the report to the Director of Student Conduct and Community Standards shall so indicate. The Student may appeal the academic sanction to the faculty member’s department head and, ultimately, to the dean of the college or school in which the incident originated. 

3.     If a Student admits to Academic Misconduct in a situation other than a course, the responsible University Official may determine and implement an appropriate response and report the incident to the Office of Student Conduct and Community Standards. Written notice of the sanction or resolution without sanction shall be given the Student. If, in the judgment of the University Official, further disciplinary action is warranted, the report to the Director of Student Conduct and Community Standards shall so indicate. The Student may appeal the academic sanction to the University Official’s department head or director.

4.     If a faculty member or University Official and a Student cannot agree as to whether Academic Misconduct has occurred, the University Official or faculty member will, not later than fourteen calendar days during which the University is in session after the date the faculty member or University Official notifies the Student, make a written referral of the case to the Office of Student Conduct and Community Standards for resolution.  The case will then be conducted in accordance with the procedures established in this Code.

a.     If there is a finding that the Student engaged in Academic Misconduct in a class, in addition to sanctions imposed through the regular student conduct procedures, the faculty member will assign an appropriate grade.         

b.     If there is a finding that the Student did not engage in Academic Misconduct, no academic sanction may be imposed.

5.     Reporting Academic Misconduct.  Regardless of the method of resolution, University Officials, including faculty members are required to file a written report of any Academic Misconduct with the Director of Student Conduct and Community Standards. These reports shall be treated as confidential and maintained consistent with the Student Records Policy.

6.     Withdrawing from a Course.  

a.     If a Student’s Academic Misconduct in a course results in an academic sanction, the student will not be permitted to drop or withdraw from the course, or to change the course's grading option, and shall be reinstated in the course in if they have dropped or withdrawn.  

b.     If a Student’s Academic Misconduct does not result in an academic sanction, the Student may withdraw from the course or change the course's grading option at the later of:  

A.     Expiration of the withdrawal deadline for the course;

B.     Expiration of the deadline for changing grade options; or

C.     Five business days after the student receives notification of the decision or termination of Student Conduct Code proceedings without sanction. 

c.     In the event the Student is found not responsible for Academic Misconduct and the Student no longer feels comfortable returning to the class, the Office of Student Conduct and Community Standards will assist the student to attempt to remove the “w” from the transcript.

Section 5: Alternative Dispute Resolution

Consistent with the primary mission of the Code to establish community standards and procedures that promote an environment conducive to learning by upholding academic standards and by respecting community members, alternative dispute resolution provides an opportunity for individuals affected by violations or alleged violations of this Code to resolve disciplinary matters among themselves, with or without findings of responsibility.  Students who participate in a method of alternative dispute resolution and successfully fulfill their obligations may, upon completion of their obligations, have their student conduct record regarding the matter voided.  

1.     Mediation.  Mediation is encouraged as an alternative means to resolve allegations of Student Conduct Code violations, where appropriate, except for sexual misconduct involving unwanted penetration or nonconsensual personal contact as set out in this code which shall not be subject to mediation. The Director of Student Conduct and Community Standards will inform Complainants and Accused Students about the availability of mediation resources.  The Director, in the exercise of the Director’s sole discretion, may, except in cases of alleged Academic and Sexual Misconduct, decline to process a complaint until the parties make a reasonable attempt to achieve a mediated resolution.  

a.     To be binding under this Code, any mediated resolution must be approved by the Director of Student Conduct and Community Standards.  Any agreement will be enforced by the Office of Student Conduct and Community Standards.  

b.     Procedures for Alternative Dispute Resolution.  Students wishing to pursue mediation shall notify the Director of Student Conduct and Community Standards within fourteen calendar days of receiving written notice of the violation pursuant to this code. 

c.     The Director of Student Conduct and Community Standards may determine if an Accused Student must acknowledge responsibility as a condition of the Director’s approval of a mediation option.  If the Director requires an Accused Student to acknowledge responsibility as a condition to approving the mediation, the Director will not proceed until the Accused Student has provided the Director with that acknowledgement.

d.     The Director of Student Conduct will determine whether others affected by the alleged violation are willing to participate in mediation.  Parties agreeing to mediation must sign a waiver allowing the Director to receive information from the mediator regarding the progress of the mediation. 

e.     Once the necessary parties agree, the Director of Student Conduct and Community Standards will approve a mediator and set a date for a report from the mediator regarding progress.  If the Director, in the Director’s sole discretion, determines that mediation is unlikely to be successful, the Director may inform the necessary parties and initiate other procedures.

2.     Restorative Justice.  Restorative Justice serves primarily as a diversion program for Accused Students who have acknowledged responsibility for a Code violation and who wish to remedy the effects of the violation.

a.     The Director of Student Conduct and Community Standards will consider approving Restorative Justice in the following circumstances: 

A.     The Accused Student acknowledges responsibility for a the Code violation;

B.     There are clearly identifiable negative impacts on either individuals or the community resulting from the violation; and

C.     The Accused Student and those impacted by the incident agree to participate in Restorative Justice.

b.     A Restorative Justice outcome shall not be binding unless approved by the Director of Student Conduct and Community Standards.  An agreement reached through Restorative Justice will be enforced by the Office of Student Conduct and Community Standards.

3.     The Director of Student Conduct and Community Standards may initiate procedures to make a determination of responsibility or, in the Director’s discretion, to proceed pursuant to this code. If an Accused Student who participates in alternative dispute resolution fails to fulfill an obligation or otherwise fails to comply with the approved resolution.

4.     Upon timely completion of a student’s obligation arising from alternative dispute resolution, a student may provide to the Director of Student Conduct and Community Standards documentation of completion.  If the Director of Student Conduct and Community Standards concludes the student fulfilled the student’s obligation in a timely fashion, Director of Student Conduct and Community Standards will remove information regarding the violation from the student’s record.

Section 6: Emergency Action

This section of the code describes the rights of the Director of Student Conduct and Community Standards to take Emergency action regarding the accused student when it is necessary to secure the health or safety of any persons.

1.     The Director of Student Conduct and Community Standards or his or her designee may take emergency action regarding a Student when immediately necessary to secure the health or safety of any persons and there is an alleged violation of the Student Conduct Code.

2.     Emergency Action includes, but is not limited to:

a.     Immediate withdrawal of the Student from the University;

b.     Restrictions on the Student’s presence on University Premises or at University Sponsored Activities;

c.     Placing a hold on a student’s record that will prevent registration would prevent the student from obtaining an official copy of the student’s transcript.

3.     The Director of Student Conduct and Community Standards may request that the Student secure a medical and psychological evaluation through the Student Health Center or at another facility at the Student’s own expense. The evaluation may be used to determine the appropriateness of withdrawing the emergency action.

4.     When the emergency action takes place, the Director of Student Conduct and Community Standards or designee will:

a.     Inform the Student and Complainant, if applicable,  of the reason for the emergency action;

b.     Give the Student and Complainant, if applicable, the opportunity to explain why emergency action should or should not be taken;

c.     Inform the Student and Complainant, if applicable, that a preliminary hearing will take place according to the procedures in this section and that the Student will be informed of its time, place, and date; and 

d.     Inform the Student and Complainant, if applicable, of the possible restrictions that may be imposed prior to an administrative conference.

5.     The preliminary hearing shall take place within two business days of the emergency action. At this hearing the Student shall have a full opportunity to demonstrate to the Director of Conduct and Community Standards that emergency action is not necessary pursuant to Paragraph 1. The Student may be represented by a student advocate or other counsel. The Director will also consult with the Complainant, if applicable, who may also be represented by a student advocate or other counsel, during any consultation.

a.     Based on the reasonable evaluation of the information presented at the preliminary hearing, the Director of Student Conduct and Community Standards shall notify the Student within 24 hours of the decision to:

A.     Dissolve the emergency action and take no further action;

B.     Dissolve the emergency action but proceed to an administrative conference; or

C.     Sustain or modify the emergency action until such time as a resolution is researched following an administrative conference.

6.     An emergency action shall be reviewed by Vice President for Student Life’s Designee at the request of the Student no sooner than the next working day after the preliminary hearing. The review shall provide an opportunity for the Student to explain why an emergency action need no longer be imposed. Subsequent review of the same emergency action may be requested no more frequently than every ten days.

7.     If emergency restrictions on a Student’s housing or enrollment are removed, the Student will not be assessed any fees for reinstatement.

Section 7: Student Conduct Process for Student Organizations

When members of a Student Organization act together in a way that violates University Student Conduct Code, the Student Organization is expected to hold its members responsible for those violations.

1.     When a potential violation of the Student Conduct Code by a Student Organization comes to the University's attention, the Office of Student Conduct and Community Standards 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 the Office of Student Conduct and Community Standards and keep it informed at all stages of the process.

b.     The University, through the Office of Student Conduct and Community Standards, 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 the Office of Student Conduct and Community Standards.

2.     If sufficient action is not taken in a timely manner by the student organization to correct a violation of University standards, individuals may file grievances with the appropriate governing body, or, if none exists, with the Office of Student Conduct and Community Standards. 

3.     If, in the judgment of the Vice President of Student Life’s designee, sufficient action is not taken in a timely manner by the governing body, the case will be referred to the Office of Student Conduct and Community Standards.

4.     In deciding whether the group is responsible for the violation, the University will consider whether the following factors are present:

a.     The violation arises out of a group-sponsored, organized, financed, or endorsed event;

b.     The organization provides the impetus for the violation;

c.     The violation occurs on the premises owned or operated by the group;

d.     A group leader has knowledge of the violation being likely to occur before it occurs and fails to take corrective action; or

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

 

Chapter/Volume: 
  • Volume III: Administration of Student Affairs
  • Chapter 1: Conduct and Student Activities
Responsible Office: 

For questions about this policy, please contact the Office of Student Conduct and Community Standards at (541) 346-1141 or conduct@uoregon.edu

Retention and Delegation of Authority

Policy Number: 
I.01.01
Reason for Policy: 

The Board of Trustees has ultimate governing authority for the University. The Retention and Delegation of Authority articulates lines of authority delegated to the President of the University (or his designee(s) from the Board of Trustees, and specifies which governing authorities require action or contemplation by the Board itself.

Entities Affected by this Policy: 

All units of the University.

Enactment & Revision History: 

First passed by the BOT on June 12, 2014 and amended by the BOT on March 4, 2015

Policy: 

Preamble

As provided in ORS 352.025, the Legislative Assembly has found that the State of Oregon will benefit from having public universities with governing boards that provide transparency, public accountability and support for the university and act in the best interests of both the university and the State of Oregon as a whole.

As provided in ORS 352.029, the Board of Trustees manages the affairs of the university by exercising and carrying out all of the powers, rights and duties that are expressly conferred upon the board by law, or that are implied by law or are incident to such powers, rights and duties.

As provided in ORS 352.107, the Board of Trustees may perform any other acts that in the judgment of the Board are required, necessary or appropriate to accomplish the rights and responsibilities granted to the board and the university by law.

As provided in ORS 352.096, the president of the university is the president of the faculty. The president is also the executive and governing officer of the university, except as otherwise provided by statute or action of the governing board. Subject to the supervision of the governing board, the president of the university has authority to direct the affairs of the university.

As provided in ORS 352.146, the president and professors constitute the faculty and as such have the immediate government and discipline of a university with a governing board and the students therein, except as otherwise provided by law or action of the Board of Trustees. The faculty may, subject to the supervision of the Board and ORS 352.089 prescribe the course of study to be pursued in the university and the textbooks used.

Nothing in this Policy affects any collective bargaining agreement entered into prior to the adoption of this Policy.

1.0 Authority of the Board of Trustees; Appointment of the President of the University

1.1 Board Authority. The Board of Trustees is the final University authority and has full control of the University and its property of various kinds. The Board may take any and all Board actions as it determines necessary or appropriate to the extent permitted by law. Board actions have precedence over other policies, standards, directives and other actions of the University and its constituent parts. Any policies, standards, directives and other actions of the University and its constituent parts shall be consistent with Board actions. To the extent permitted by law, The Board may review and intervene in any and all aspects of the University; modify any policy, standard, or directive; amend or rescind any existing policy, standard or directive; and enact and issue such policies, standards and directives as it deems proper for the University. The Board shall adopt a mission statement for the University in consultation with the faculty, students and staff members.

1.2 Appointment of the President of the University. As provided in ORS 352.096, in consultation with the Governor, or the Governor's designee, the Board shall appoint and employ a President of the University. Except in the case of an interim or acting president, the hiring committee for the president of the University shall include representatives of the university community and at least one other president of a public university based in Oregon. The President reports exclusively to the Board, and the Board supervises the President. The Board shall prescribe the President's compensation and terms and conditions of employment and is responsible for the reappointment or removal of the President. The President shall perform such duties as are assigned by the Board. Except as otherwise provided by law or Board action, the President is the executive and governing officer of the University and President of the faculty. The President shall, from time to time, report to the Board all significant matters within the President's knowledge related to the affairs of the University.

1.3 University Budget. The Board shall adopt the budget of the University.

1.4 Tuition and Fees.

1.4.1 The Board shall determine tuition and mandatory enrollment fees in accordance with ORS 352.102, ORS 352.105, and other applicable law.

1.4.2 The incidental fee is a mandatory enrollment fee. The recognized student government will, in consultation with the President, establish a process for requesting the amount of the incidental fee, all uses of the proceeds of the incidental fee, and the modification of the existing incidental fee.

1.4.3 The amount of the incidental fee, uses of the proceeds of the incidental fee, and a decision to modify the existing incidental fee may be refused by the Board or the President if the Board or President determines that: (a) the recognized student government assessed or allocated the mandatory incidental fees in violation of applicable local, state or federal law; or (b) The allocation conflicts with a preexisting contractual financial commitment; or (c) the total mandatory incidental fees budget is an increase of more than five percent over the level of the previous year; or (d) the request is not advantageous to the cultural or physical development of students.

1.4.4 The mandatory incidental fee, use of the fee or decision to modify an existing fee may not be refused by the Board or the President based on considerations about the point of view that the funding seeks to advance.

1.4.5 The President determines all other fees, fines and charges, after providing notice to the Board. In arriving at a determination of fees, fines and charges, the President shall consult with employees and students as the President deems appropriate.

1.5 Student Conduct. The Board has the authority to establish written standards of student conduct in consultation with the President, faculty and students.

1.6 Employees and Volunteers.

1.6.1 The Board has the authority, subject to any collective bargaining agreements, to appoint and employ any instructional, research, administrative, professional, trade, occupational and other personnel as are necessary or appropriate and establish their compensation and other terms and conditions of employment. The Board also has the authority to appoint volunteers as necessary or appropriate and establish the terms and conditions of the activities of such appointed volunteers. The Board has delegated the authority described in this subsection as set forth in Board actions.

1.6.2 Subject to any collective bargaining agreements, the Board has the authority to establish written codes of conduct for instructional, research, administrative, professional, trade, occupational and other personnel, including volunteers.

1.7 Business and Administrative Affairs. The Board retains authority for the following:

1.7.1 The approval of the naming of University buildings or outdoor areas in recognition of individuals or organizations.

1.7.2 The approval of the execution of instruments relating to real property where the anticipated cost or value to the University exceeds $5,000,000.

1.7.3 The approval of the appointment of external auditors.

1.7.4 The approval of a capital project budget that is anticipated to exceed $5,000,000, including for architects, construction managers, engineers and other professionalconsultants; and approval of any increase to a capital project budget that causes the total of all increases to the capital project budget to exceed $5,000,000.

1.7.5 The approval of the execution of instruments relating to any borrowing or debt finance transactions which are or may be in excess of $5,000,000, singularly or in the aggregate.

1.7.6 The approval of the execution of instruments relating to any shares, stock or other equity or interests in or obligations of any entity other than the University in excess of $5,000,000, unless the shares, stock or other equity or interests in or obligations of the entity are publicly traded or provided through the State Treasurer, University of Oregon Foundation or a brokerage firm, investment bank, depository or other licensed firm.

1.7.7 Consent to the encumbrance of University real property by the State of Oregon.

1.7.8 The approval of the execution of any other instruments, including but not limited to instruments related to the acquisition, disposal or provision of goods and services, where the anticipated cost or value to the University exceeds $5,000,000; and approval of any increase or decrease in cost or value that causes the total of all increases or decreases in cost or value to exceed $5,000,000. When the ultimate aggregate cost to the University is not known in advance for instruments relating to the acquisition, disposal or provision of goods or services on a continuing or intermittent basis (e.g. rental, service, or supply contracts), the amounts set forth in this paragraph shall be calculated on an annual basis.

1.7.9 The approval of the execution of any instrument that the President, Treasurer, Chair of the Board of Trustees, or a majority of the Trustees deems appropriate for consideration by the Board or a Board committee, so long as the instrument has not been executed.

1.8 Academic Programs; Degrees; Admissions.

1.8.1 The Board has the authority to establish, eliminate, control or substantially reorganize academic programs and units of operation. Any significant change in the University's academic programs as defined by the Higher Education Coordinating Commission must be approved by the Board prior to submission to the Commission.

1.8.2 The Board confers academic degrees, certificates and other forms of recognition upon the recommendation of the faculty. Such academic degrees, certificates and other forms of recognition are granted in the name of the Board of Trustees of the University of Oregon and are executed by the Board Chair and the University President. The Board reserves the right to review and approve the granting of any degree, certificate or recognition. The Board shall have the exclusive authority to approve honorary degrees.

1.8.3 The Board has the authority to establish standards, qualifications, policies and practices relating to admission to study at the University and the curriculum, grading, credits, scholarships, and academic standards of the University. Except as set forth in law or Board action, the faculty (the "president and professors") has the immediate government and discipline of the university and the students therein and the authority to prescribe the course of study to be pursued in the University and the textbooks to be used. The faculty shall have primary authority over choice of method of instruction; subject matter to be taught; academic standards for admitting students; and standards of student competence in a discipline.

1.9 Gifts. The Board retains authority for the acceptance of the following gifts:

1.9.1 Gifts that create obligations on the part of the University for which there is no established funding source.

1.9.2 Gifts with a value exceeding $5,000,000 which involve: (1) Construction of facilities not previously approved; or (2) Non-traditional investment assets (such as real estate, debt instruments, closely held stock, partnership interests, permanent insurance policies, royalties, copyrights, licenses, and other illiquid assets); provided that gifts described in this subsection with a value between $1,000,000 and $5,000,000 will be reported to the Board of Trustees quarterly.

1.9.3 A gift requiring naming of a University building or outdoor area.

1.9.4 Any other gift that the President, Treasurer, or a majority of the Board of Trustees deems appropriate for Board consideration.

1.9.5 Current gifts of non-traditional investment assets, charitable lead trusts where the University is to act as trustee, bargain sale gifts of property, and partial interest gifts.

1.9.6 Deferred gifts, if the University is to act as trustee or custodian of the deferred gift.

1.9.7 Gifts of real estate, interests in real estate, or gifts of debt instruments secured by real estate from other than the University of Oregon Foundation. The Treasurer shall determine in each such case, including when the gift is from the University of Oregon Foundation, whether a hazardous waste inquiry or other due diligence is required, and the scope and extent of such inquiry. The President and the Treasurer, in consultation with the Vice President for Advancement, shall establish further policies and procedures regarding evaluation of gifts of real estate, as may be necessary or desirable from time to time.

1.10 Gifts to the University of Oregon Foundation. Gifts to the University of Oregon Foundation shall be accepted by the University of Oregon Foundation in accordance with then-current agreements between the University and the Foundation (as may be amended from time to time).

2.0 Policies, Standards and Directives

2.1 Governing Documents. The University shall have the following governing documents:

2.1.1 Bylaws of the University of Oregon, policies, standards, directives and other actions approved by the Board of Trustees or a committee of the Board as appropriate ("Board actions").

2.1.2 Policies, standards and directives approved by the President of the University regarding matters within the authority of the President ("Presidential actions").

2.1.3 A University Constitution as described in this policy by which the President, professors and University constituencies shall exercise their shared governance roles in accordance with ORS Chapter 352.

2.2 Force of Law; Emergency and Temporary Actions. Board actions shall have the force of law to the extent set forth therein. Emergency and temporary Presidential actions may have the force of law to the extent set forth therein. Any Board action or Presidential action that is intended to have the force of law must include an opportunity for appeal.

2.3 Enforcement. Any Board action or Presidential action may be enforced by the University through internal procedures and in any court of competent jurisdiction. All Board actions and Presidential actions are binding on University employees, students, volunteers, contractors and members of the public, except as set forth therein.

2.4 Public Notice. Except for emergency and temporary Board actions and Presidential actions, meeting materials and public notice shall be provided according to the Oregon Public Meetings Law.

2.5 Posting. After approval, emergency and temporary Board actions and Presidential actions shall be posted on the University website in a manner reasonably calculated to provide public notice of the approval.

3.0 Authority of the President of the University

3.1 Executive and Governing Officer; Delegation. The President of the University is the executive and governing officer of the University, except as otherwise provided by statute or Board actions. Subject to the supervision of the Board and Board action, the President shall direct the affairs of the University. The authorities and responsibilities of the President of the University include, but are not limited to, the authorities and responsibilities set forth in and modified by section 1.0 and this section 3.0, and the President may delegate any authorities and responsibilities, except as provided by Board actions. Any delegation must be consistent with Board actions. The President remains responsible for the proper functioning of the University, notwithstanding any delegation.

3.2 Policies, Standards and Directives; Consultation. The President of the University shall formulate, prescribe and issue Presidential actions regarding matters within the authority of the President when the Board or the President deems it necessary or appropriate. Any Presidential actions are subordinate to and must be consistent with Board actions. In carrying out these duties, the President shall consult with the faculty, other employees, and students as deemed appropriate by the President. Consultation shall not remove from the President the authority and the responsibility vested in the President by law and Board actions.

3.3 Emergency and Temporary Actions; Technical Corrections. The President of the University shall establish emergency and temporary policies, standards and directives when the Board or the President deems it necessary or appropriate. Such policies, standards and directives may have the scope and force of Board actions and must be reported to the Board expeditiously. Pursuant to expedited procedures, the President of the University may amend Board actions and Presidential actions in order to correct typographical errors, make address or formatting changes, or clarify language without changing their effect. Such amendments must be reported to the Board quarterly. The President may make expedited repeals of Board actions (upon notice to the Board) and Presidential actions, provided that expedited repeals of Board actions must be ratified at the next Board or Executive Committee meeting.

3.4 Committees, Councils and Advisory Groups. The President of the University shall establish and define the charge of any and all University committees, councils, and advisory groups, except as provided in Board action. The establishment and charge of any and all University committees, councils and advisory groups shall be consistent with law and Board actions. The recommendations and reports of all committees, councils and advisory groups shall be made to the President. The President shall inform the Executive Committee of the Board regarding significant recommendations and reports related to the affairs of the University. Upon request by the Chair of the Board or a majority of the Trustees, the President shall provide the Board with a recommendation or report of a University committee, council or advisory group.

3.5 Students. Subject to Board action, the President is responsible for development and administration of University policies and rules governing the role of students and their conduct. In carrying out this responsibility, the President shall take into account the views of students, faculty, and others. The guidelines for student conduct which set forth prohibited conduct and provide for appropriate disciplinary hearings and sanctions for violations of institutional rules must be consistent with standards of procedural fairness. The Board recognizes and affirms the importance of active student involvement in the deliberative and decision-making processes.

3.6. University Personnel.

3.6.1 The President of the University shall act for the Board of Trustees regarding all personnel and employment matters, including labor relations and approval of collective bargaining agreements. Subject to Board action, the President has the exclusive authority to and shall establish necessary or appropriate written policies, standards and directives covering all employees not represented by a collective bargaining organization and necessary or appropriate written policies, standards and directives covering employees represented by a collective bargaining organization, subject to any legal obligation to negotiate the terms and conditions of such policies, standards and directives with the exclusive representative of the relevant bargaining unit. Upon request by the Chair of the Board or a majority of the Board, the President shall provide the Board with requested information regarding personnel and employment matters, including labor relations and collective bargaining.

3.6.2 In a manner consistent with applicable state law and applicable collective bargaining agreements, the President may appoint any instructional, research, administrative, professional, trade, occupational and other personnel as are necessary or appropriate and establish their compensation and other terms and conditions of employment.

3.6.3 The President may appoint volunteers as necessary or appropriate and establish the terms and conditions of the activities of such appointed volunteers.

3.7 Research Grants and Contracts. The President of the University shall act for the Board of Trustees regarding grants and contracts for research, development, service, and training. However, a quarterly report to the Board is required for each initial contract or grant award that exceeds $5,000,000, and when any increase or decrease to a contract or grant award causes the total of all increases or decreases to the contract or grant award to exceed $5,000,000.

3.8 Execution and Administration of University Affairs. Except as provided by Board action, the President of the University shall act for the Board regarding the execution and administration of instruments and the affairs of the University. Notwithstanding the dollar limits specified in section 1.0 above, the President shall act for the Board of Trustees regarding the execution and administration of all instruments, business affairs, and operations relating to:

3.8.1 Acquisition of electricity, natural gas, sewer, water, and all other utility services;

3.8.2 Subcontracts for collaborative research entered into in furtherance of sponsored research programs.

3.8.3 The acquisition of goods and services made by participating in contracts entered into by group purchasing organizations or pursuant to collaborative purchasing initiatives with public or non-profit entities.

3.8.4 The acquisition of fixtures, equipment and furnishings that are included in capital project budgets that have been authorized by the Board of Trustees.

3.8.5 The acquisition of goods and services for sponsored research programs when the source of the goods or services is directed by the sponsor, or the sponsor retains title to the goods acquired.

3.8.6 The settlement of claims or lawsuits brought against the University.

3.8.7 The acquisition of insurance or self-insurance.

3.8.8 Leases and licenses of real property and modifications thereto of up to 20 years.

3.8.9 Deferred gift assets.

3.8.10 Real property acquired through gift or devise from the University of Oregon Foundation;

3.8.11 The protection of the University's interests, property and operations in an emergency.

3.8.12 Actions and execution of documents necessary to establish legal entities, controlled by the University, through which the University may conduct business;

3.8.13 The selection of depositories and investments.

3.8.14 The execution of instruments or the conduct of business affairs where approval by the Board or a Board committee is impractical due to time or other constraints. The President shall submit a report of any actions taken pursuant to this delegation to the Board of Trustees or its Executive Committee on or before the next regularly scheduled meeting.

3.9 Legal Action. The President of the University shall act for the Board of Trustees regarding all legal action necessary or appropriate to protect the interests of the University. However, no litigation shall be instituted against a public entity or official or in exercise of the power of eminent domain without approval by the Board of Trustees. The Board Chair may authorize the institution of other litigation.

3.10 Gifts. Subject to Board action, the President of the University shall act for the Board of Trustees regarding all current and deferred gifts to the University, including gifts to establish quasi-endowed or permanently endowed funds. Notwithstanding any delegation by the President, a gift with unusual terms or conditions affecting an academic program shall be accepted only with the concurrence of the President to the proposed terms or conditions. The proceeds of any gift, devise, bequest, or contribution received by the University shall be administered in accordance with the intention of the donor and any directions of the Board of Trustees in accepting the gift. Wherever possible, the University of Oregon Foundation shall manage gifts. The President of the University is authorized to act for the Board of Trustees regarding the disposition of gifts.

3.11 Fees, Fines and Charges. Subject to Board action and applicable laws, the President of the University shall establish fees, fines, and charges after providing notice to the Board. In arriving at a determination of fees, fines and charges, the President shall consult with employees and students as the President deems appropriate. The President shall enforce the collection of tuition, mandatory enrollment fees, other fees, fines, charges, and all other amounts due to the University.

4.0 Authority of the Faculty

4.1 Role of the Faculty. As provided in ORS 352.146, the faculty, which consists of the President and the professors, has:

4.1.1 The immediate government and discipline of the university and the students therein, except as otherwise provided by law or action of the Board.

4.1.2 The authority, subject to the supervision of the Board, to prescribe the course of study to be pursued in the University and the textbooks to be used.

4.2 The President and the Professors. The President and the professors constitute the faculty. The President of the University is the president of the faculty. Shared governance, as a principle in American higher education, is embedded in longstanding practices, and reflects the regard for all stakeholders in the academic endeavors of the University.

4.3 Higher Education Coordinating Commission. Any significant change in the University's academic programs as defined by the Higher Education Coordinating Commission must be approved by the Board committee responsible for academic affairs prior to submission to the Commission.

4.4 University Constitution. The faculty has adopted a University Constitution which was ratified by the President in 2011. A University Constitution, and any amendments to it, must be consistent with law and Board actions.

4.5 Modification. A University Constitution is subject to modification as set forth therein or by the Board of Trustees in consultation with the President and the professors consistent with applicable law.

5.0 Channel of Authority

The faculty and officers and employees of the University shall, through appropriate channels, be responsible to the President of the University and through the President to the Board of Trustees, except that the Treasurer, General Counsel and Secretary are responsible to the Board in relation to the business of the Board.

Download policy

Chapter/Volume: 
  • Volume I: Governance
  • Chapter 1: Governance and board affairs
Responsible Office: 

University Secretary, 541-346-3166, trustees@uoregon.edu

Student Loan Debt Management and Outreach

Reason for Policy: 

Requires all Oregon University System institutions to help all students who borrow federal student loans to understand their rights and responsibilities regarding their student loan borrowing, debt, and repayment; and to provide additional support and programs beyond federally mandated counseling to assist students, especially those considered most "at-risk," throughout their time at an OUS institution.

Enactment & Revision History: 

Became University of Oregon policy by operation of law on July 1, 2014.
Former Oregon State Board of Higher Education Policy

APPROVAL DATE: 6/21/2013
EFFECTIVE DATE: 7/1/2013
HISTORICAL DETAIL NOTES: Approved by OSBHE on 6/21/2013, pending legal review. OUS General Counsel reviewed and approved the policy on 7/1/2013.

Policy: 

That Oregon University System institutions* will:

1. Help all students who borrow federal student loans to understand their rights and responsibilities regarding their student loan borrowing, debt, and repayment throughout the students’ time at the institution;

2. Develop and maintain an early warning system to identify and intervene with students who are most at-risk of incurring higher-than-average student loan debt, and provide a targeted strategy of education and outreach beyond federally mandated Entrance and Exit Counseling. This includes students in one or more of the following categories: considered “low-income” by definition of federal and State of Oregon financial aid criteria; studying in degree fields that typically make lower than average salaries (such as social work, arts); studying in degree fields with higher than average borrowing based on program cost (such as law, medicine, certain healthcare fields) and in which graduates may not earn salaries comparable with debt incurred; and students on academic probation who are at-risk of dropping out before earning a degree.

3. Adopt and use the Federal Financial Aid Shopping Sheet or its successor document, by October 1, 2013, in order to provide clear, transparent information to student loan borrowers about gross and net costs and aid options at the institution, as well as the graduation rate, loan default rate, and median borrowing specific to that institution, and information on loan repayment choices; and provide easy web or other access to and information about net price calculators, and students’ current and cumulative debt incurred to-date through available links to federal databases and other resources.

4. Incorporate financial literacy into new student orientation programs, academic success classes, residence hall programming, and other similar orientation and outreach programs.

5. Provide student loan borrowing and management information on institutions’ respective web sites, providing guidance before, during, and after college on ways to manage and repay student loans.

6. Track and report on an annual basis to the Oregon State Board of Higher Education data that demonstrates the types of debt counseling and management efforts taking place at the university and reports on indicators of progress and of reaching the most at-risk students with effective outreach efforts.

* Includes Eastern Oregon University, Oregon Institute of Technology, Oregon State University, Portland State University, Southern Oregon University, University of Oregon, and Western Oregon University; and branch, satellite and other campus centers of these campuses.

Chapter/Volume: 
Original Source: 
OUS Board Policy

Legal Review of Agreements and Documents

Reason for Policy: 

Senate Bill 242 (2011), among other provisions, exempts the State Board of Higher Education and the Oregon University System from specific requirements of ORS Chapter 291, as applicable, otherwise known as “legal sufficiency” review. Notwithstanding this exemption, in order to ensure, to the extent practicable, a reasonable risk-conscious approach to agreements, transactions, relationships, and materials involving the Board, the Chancellor’s Office or any OUS institution, this IMD outlines when review or input from authorized legal counsel is required.

Enactment & Revision History: 

Became University of Oregon policy by operation of law on July 1, 2014.
Former OUS Internal Management Directive

APPROVAL DATE: 11/4/2011
EFFECTIVE DATE: 1/1/2012
LAST UPDATED: 11/3/2011
HISTORICAL DETAIL NOTES: Approved by the Finance & Administration Committee, 11/4/2011 SOURCE: Board Policies

Policy: 

(A) Legal Review

(1) The following agreements or documents are required to be drafted or reviewed by an attorney authorized to provide legal services to the Board, Chancellor’s Office, or OUS institution, as applicable. Pursuant to this IMD, attorneys authorized to provide legal services to the Board, Chancellor’s Office, or OUS institutions are reviewing or drafting the following agreements in order to evaluate legal risk and to confirm compliance with applicable federal or state laws, including constitutional provisions, statutes, administrative rules, or regulations.

(a) Any agreement for the purchase or sale of real property or the purchase or sale of improvements to real property;
(b) Employment agreements or notices of appointments with the Chancellor, Vice Chancellors, Presidents, Vice Presidents, Provosts, Vice Provosts, Athletic Directors, Head Coaches, or any other employee with an annual salary in excess of $300,000;
(c) Employment agreements with other than tenured faculty for a term of three years or longer;
(d) Any agreement with a value in excess of $250,000:

(i) which includes the development of software or acquisition of software not “off-the-shelf”; or
(ii) which includes a foreign entity, public or private, or an Indian tribe as a party; or
(iii) under which the Board, Chancellor’s Office, or OUS institution provides services; or
(iv) under which the Board, Chancellor’s Office , or OUS institution provides tangible or intangible property or the right to use tangible or intangible property.

(e) Any agreement under which the Board, Chancellor’s Office or OUS institution takes equity in a company in which the Board, Chancellor’s Office, or institution provides services, tangible or intangible property, or the right to use tangible or intangible property;
(f) Any settlement agreement or release of claims;
(g) Any faculty or student exchange agreement under which an institution will pay or receive money or property;
(h) Any docket materials from an OUS institutionon a matter submitted to the Office of the State Board for Board action. The OUS general counsel will review docket materials for the Chancellor’s Office and the docket in its entirety for the Board Secretary and Chancellor;
(i) Any non-utility easement; and
(j) Any solicitation documents for a competitive procurement that will result in a contract or agreement subject to this IMD.

(2) The legal review required by this IMD may be accomplished,for applicable transactions,by form or template agreements drafted by an attorney authorized to provide legal services to the Board, Chancellor’s Office or OUS institution, as applicable, and made available to the relevant department or personnel in the Chancellor’s Office or OUS institution.

(3) The Chancellor’s Office or OUS institution may develop an internal process in order to exempt categories or sub-categories included in this IMD from legal review or to add categories or sub-categories to the list for legal review for the Chancellor’s Office or OUS institution, as appropriate. The process should identify how legal risk, notwithstanding an exemption, will be reasonably managed. The Chancellor’s Office or OUS institution may not exempt a category or sub-category from this list until the process document is on file with the OUS Vice Chancellor for Finance and Administration or designee. Once a process document is in place and filed with the OUS Vice Chancellor for Finance and Administration or designee, the Chancellor’s Office or OUS institution will file any and all exemptions or additions to the list, applicable to the Chancellor’s Office or OUS institution, with the OUS Vice Chancellor for Finance and Administration or designee.

(4) The Chancellor’s Office and OUS institutions are encouraged, pursuant to the internal process developed to exempt or add categories or sub-categories to this list at section (A)(3) of the IMD, to consider and implement appropriate “catch-all” provisions to the list, cognizant of expertise and personnel at the Chancellor’s Office or OUS institution, as applicable.

(5) Each in-house attorney authorized to provide legal advice and services to the Board, the Chancellor’s Office, or OUS institution, as applicable, will maintain a log of each agreement or document reviewed or drafted pursuant to this IMD.

(6) The applicable in-house legal services office, whether for the Chancellor’s Office or OUS institution is responsible for compiling a log of each agreement or document reviewed or drafted by outside counsel pursuant to this IMD.

(7) Any agreement or document subject to legal review under this IMD must include evidence of such review, such as the attorney’s signature or communication from the attorney attached to the agreement or document. For instances in which the Board, Chancellor’s Office, or OUS institution is using a form or template agreement as contemplated by Section (A)(2) of this IMD, notation or reference to the form or template drafted by the attorney is sufficient for this section.

(8) Nothing in this IMD removes or alters other requirements for the proper execution of an agreement or document, such as signature by an authorized contracting authority or compliance with procurement rules, policies or procedures, or other Board policies and requirements.

(9) Not withstanding the list of agreements and documents included in this IMD, employees are encouraged to approach agreements and documents from a risk-conscious perspective and seek out legal review and advice proactively. Nothing in this IMD prevents or should discourage legal review of agreements or documents not included in Section (A)(1)(a)-(j).

(B) Review
This IMD will be reviewed by OUS attorneys, contracting officers, and other relevant stakeholders annually for amendment or revision, with specific care to consider how risk is managed by the inclusion, or exclusion, of particular categories or sub- categories.

Chapter/Volume: 
Original Source: 
Internal Management Directive

Pages

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