Construction and Contracting

Policy Number: 
IV.07.10
Reason for Policy: 

Establishes general framework for controls associated with the development of capital projects.

Entities Affected by this Policy: 

All campus departments undertaking construction, renovation, remodels, etc.

Responsible Office: 

For questions about this policy, please contact Campus Planning Design and Construction at (541) 346-2270 or capcon@uoregon.edu.

Enactment & Revision History: 

23 April 2019 - Revisions approved by the university president and enacted; policy renumbered to IV.07.10.

03 September 2015 - Technical revisions enacted by the university secretary

01 July 2014 - Became a University of Oregon Policy by operation of law

Former Oregon Administrative Rule Chapter 580 Division 63.

Policy: 
  1. Construction and Contracting Authority
    1. This policy establishes the structure for procedures that define the Construction and Contracting Authority that will be followed by the University of Oregon to erect, improve, repair, maintain, equip, and furnish buildings and structures.
    2. Much of the University’s capital construction and contracting activities are regulated by federal, state, and local law, the University’s Board of Trustees, restricted gifts, and other controls. The University’s capital construction and contracting activities shall comply with these regulations as stated in this policy.
  1. Federal and State Law
    1. The University shall follow all federal laws associated with capital construction and contracting. This includes, but is not limited to, any applicable federal law pertaining to the use of federal funds in capital construction and contracting and the use of tax-exempt bond proceeds.
    2. The University shall follow all state laws associated with capital construction and contracting. This includes, but is not limited to, any applicable state law pertaining to the use of state funds in capital construction and contracting, prevailing wage, competitive procurement and bidding, and construction standards and the use of state-issued bond proceeds.
    3. In the event that any federal or state statute, regulation, administrative rules, or other law, or any local law applicable to a public university, conflicts with the terms of the policy or associated procedures, such law supersedes the terms of this policy or associated procedures.
  1. Legislative, Board, and Gifted Fund Spending Authorization
    1. The University shall follow all statutes, regulations, administrative rules, or other law associated with spending authorization requirements established and restrictions imposed by the State of Oregon for legislatively authorized funds for capital construction and contracting.
    2. The University shall follow all policies and procedures established and abide by all restrictions imposed by the University’s Board of Trustees associated with capital construction and contracting, including, but not limited to, spending authorization approval requirements.
    3. The University shall abide by all restrictions imposed on the use of funds conditionally gifted to and accepted by the University for use in capital construction and contracting.
  1. Contracting Procurement and Practices
    1. The University will prepare, maintain, and abide by procedures for capital construction and contracting that promote best value and best practice approaches including the use of varying design and construction strategies appropriately tailored to each specific capital construction project. These procedures must support the University’s mission and promote the prudent use of University resources.
    2. The University will prepare, maintain, and abide by procedures for capital construction and contracting that protect and enforce the University’s high ethical standards in context with best practices in the capital construction and contracting industry.
    3. The University will choose among varied capital construction, contracting, and consulting methods to be responsive to the individual needs of each project to maximize the University’s ability to obtain best value and quality for each project.
    4. The University will maintain capital construction and contracting procurement procedures that promote competition, stimulate and support economic growth across the industry, and promote the participation and growth of diversity within the industry through the proactive engagement of emerging businesses and businesses owned by traditionally underrepresented individuals.
    5. The University will maintain capital construction and contracting procurement procedures that are tailored to Oregon’s and local community’s market environment and in accordance with principles of prudent stewardship of public resources required of Oregon public entities.
  1. Design and Construction Planning Procedures and Design Standards
    1. The University will prepare, maintain, and abide by procedures and design standards that maintain a high-quality campus environment and emphasize long-term master planning strategies.
    2. The University will prepare, maintain, and abide by procedures and design standards that establish appropriate life cycle cost considerations that promote long-term fiscal responsibility.
    3. The University will prepare, maintain, and abide by procedures and design and construction standards that promote the use of construction techniques and systems that result in long-term, fiscally responsible construction practices.
  1. Procedure Update Process
    1. Capital construction and contracting procedures identified within and prepared and maintained in accordance with this policy will be subject to change from time to time to respond to the changing environment of the construction industry, economic necessity, industry recognized best practices, and best value needs identified by the University.
    2. Except for typographical or similar technical revisions, the University will not change any capital construction and contracting procedures identified within and prepared and maintained in accordance with this policy until it has conducted a public consultation process.
    3. This public consultation process shall include a public review and comment period of no less than two weeks. The University increase the length of the public review and comment period as the level of impact of the proposed changes increase. Public review and comment periods will be preceded by a public notice delivered by a reasonable and effective method intended to notify the greatest number of interested members of the public. The University will also publish an informational notice of the proposed changes and the public review and comment period on the UO Business Opportunities Website. Comments will be submitted through established e-mail and web form methods during the review and comment period.
    4. The University will hold a public meeting within one week of the close of the public review and comment period. If weather, holiday, or other circumstances delay the meeting, the meeting will be held as soon as practicable after the end of the delay. The University will conduct the meeting as an opportunity for discussion of the proposed procedural changes. The University will present the submitted public comments and the University’s response to the comments and will seek additional input from those attending the meeting.
    5. After holding its public meeting, the University may change the procedures included in its public notice. The University will modify its proposed changes to incorporate the substance of public comments to the extent prudent and practicable. The University will then publish the revised procedures on the appropriate University website.
Chapter/Volume: 
  • Volume IV: Finance, Administration and Infrastructure
  • Chapter 7: Property, facilities and planning; sustainability
Original Source: 
Oregon Administrative Rule

Electronic Signatures

Policy Number: 
IV.04.06
Reason for Policy: 

To authorize the use of electronic signature for documents and records of the University of Oregon and to establish protocols that govern the use of electronic signatures when conducting university business.

Entities Affected by this Policy: 

All University academic and auxiliary departments.

Responsible Office: 

For questions about this policy, please contact Purchasing and Contracting Services at 541.346.2419 or pcsadmin@uoregon.edu.

Enactment & Revision History: 

23 April 2019 - Enacted by the university president

Policy: 
  1. Purpose and Scope

The University of Oregon makes and accepts bona fide electronic signatures as legally binding signatures equivalent to handwritten signatures to signify a binding document if the electronic signature satisfies the requirements of applicable law. This policy establishes the circumstances under which the University may make and accept electronic signatures in place of handwritten signatures.

  1. Definitions

“Applicable law” is federal, state, and local law as well as University policy, as updated from time to time, applicable to a specific document, electronic signature, and digital signature.

“Document” is any instrument, document, electronic communication, contract, grant, record, or other official act, agreement, or transaction of the University regardless of whether it is created or maintained electronically or physically.

“Electronic record” is a document created, generated, sent, communicated, received, or stored through electronic means.

“Electronic signature” is an electronic mark, sound, process, or other symbol attached to or logically associated with a contract or other electronic record. It must demonstrate an individual’s intent to execute or adopt the electronic record.

  1. Electronic Signature Policy
    1. Scope of Policy
      1. This policy applies to all University employees, officers, agents, and other individuals representing the University.
      1. This policy governs all use of electronic signatures with respect to all University documents.
    1. Authorization to Use Electronic Signature
      1. The University authorizes its employees to make, accept, and use electronic signatures to the extent permitted by applicable law.
      1. A University document executed by electronic signature by an authorized representative of the University is a valid and binding signature to the same extent as a handwritten signature. This policy does not supersede any requirement of applicable law to obtain a handwritten signature in specific circumstances.
      1. The University reserves the right to designate specific University transactions that must be conducted through electronic transactions, maintained as electronic records, or signed by electronic signature.
      1. Any individual executing a document by electronic signature on behalf of the University must be authorized to sign documents on behalf of the University to the same extent required for documents executed by handwritten signature as described in University policy.
      1. Any document executed by electronic signature without authorization is subject to the same rules and processes as all other unauthorized agreements under applicable law.
    1. Electronic Signature Advisory Committee
      1. The University will establish an Electronic Signature Advisory Committee that will develop electronic signature and digital signature requirements, authorized methods, and authorized software for use by University employees (the “E-signature Procedures”). The Electronic Signature Advisory Committee will submit the E-signature Procedures, and any subsequent updated thereto, to the Vice President for Finance and Administration for final approval.
      1. The Electronic Signature Advisory Committee will include the University’s Records Manager, the Chief Information Security Officer, other representatives of the University’s Information Services department (“IS”), Purchasing and Contracting Services department (“PCS”), Business Affairs department (“BA”), Design and Construction department (“DC”), and other departments as necessary or beneficial.
      1. Authorized employees executing an agreement using an electronic signature method must comply with all requirements established under the authority granted by this policy, including use of approved methods and software.
    1. Selection of Appropriate Level of Electronic Signature Methods
      1. The E-signature Procedures will establish varying levels of security, identity authentication, document authentication, and sophistication for electronic signature required for documents signed by electronic signature. This includes, but is not limited to, the degree of confidence regarding (1) the ability to accurately attribute the document or electronic signatures to the individuals that created them, (2) the authenticity and integrity of the document, and (3) the demonstration of the signatories’ intent to sign the document.
      1. The E-signature Procedures will establish the appropriate level security, identity authentication, document authentication, and sophistication of electronic and digital signature required for each category of University documents based on the following considerations: (1) the value of the document, (2) the importance and sensitivity of the document, (3) whether notary is required, (4) the subject matter of the document, and (5) any other relevant information.
      1. The E-signature Procedures will establish electronic signature requirements, methods, and software based on the following considerations: (a) requirements of applicable law, including, but not limited to, requirements of the Oregon Revised Statutes and Oregon Administrative Rules, requirements of the Oregon Department of Administrative Services and Information Resources Management Services Division, guidance published by the United States Office of Management and Budget, and the guidance published by the National Institute of Standards and Technology (e.g., Digital Signature Standard); (b) best industry practices; (c) flexibility; (d) scalability; (e) cost; (f) efficiency; (g) ease of use; (h) effectiveness; and (i) any other relevant information.
      1. The Chief Procurement Officer may, when necessary, after consultation with University stakeholders and consideration of all the circumstances and available options, authorize individuals signing a document on behalf of the University to use an alternative method or software for executing a document by electronic signature.
    1. Storage of Documents Containing Electronic Signatures
      1. All documents executed by electronic signature must be maintained in a manner that ensures that the document accurately reflects the agreement between the signers and can be reproduced when necessary.
      1. Documents executed by electronic signature will be kept in accordance with the University’s general record retention policies and procedures.
      1. Creating and retaining documents with electronic signatures meets all requirements for preservation of documents with handwritten signatures to the extent permitted by applicable law.
    1. Exceptions to Use of Electronic Signature

Unless otherwise determined by the Electronic Signature Advisory Committee, electronic signatures may not be used for: (1) any document that requires a notarized signature, (2) any purchase or sale of real property, (3) any contract that exceeds $5,000,000 in total value, and (4) and other document that may not be signed by electronic signature under applicable law.

Chapter/Volume: 
  • Volume IV: Finance, Administration and Infrastructure
  • Chapter 4: Business affairs
Original Source: 
UO Policy Statement

Conflicts of Interest and Abuses of Power: Sexual, Physically Intimate, or Romantic Relationships with Students

Policy Number: 
V.04.05
Reason for Policy: 

This policy addresses sexual, physically intimate, or romantic relationships between employees and students, where the employee has power or authority over the student. This policy is meant to foster a learning environment characterized by professional behavior and fair and impartial treatment.

Entities Affected by this Policy: 

All UO faculty members, Officers of Administration, supervisory employees, and students.

Responsible Office: 

For questions about this policy, please contact Human Resources at 541-346-3159.

Enactment & Revision History: 

18 February 2019 - Original policy repealed and replaced with the language below; policy renumbered to V.04.05.

30 January 2019 - Temporary Policy enacted on January 2018 set to expire

04 September 2015 - Technical revisions enacted by the University Secretary

01 July 2014 - Became a University of Oregon Policy by operation of law

Former Oregon Administrative Rule Chapter 571 Division 4 Section 0007. 

Policy: 

I. Introduction

This policy applies to all conflicts of interest created by sexual, physically intimate, or romantic relationships within the University community that involve faculty, instructors, or supervisory employees and students.

A relationship, for purposes of this policy, is defined as one in which two individuals are involved in a sexual, physically intimate, or romantic relationship. This includes domestic partners and spouses. These relationships pose a potential conflict of interest in the employment or educational context when one individual has, or could reasonably expect to have, responsibility for supervising, directing, overseeing, evaluating, advising, or influencing the employment or educational status of the other.

The University is committed to fostering a learning environment characterized by professional behavior and fair and impartial treatment. The University is concerned about the potential for a conflict of interest in any relationship where one individual has power or authority over the other, which may affect employee or student morale and lead to a deteriorating work or educational environment. A relationship may lead to an abuse of power, coercion, exploitation, favoritism, or unfair treatment of others. Further, even a romantic relationship that begins as consensual may evolve into a situation that leads to sexual harassment, which violates University policies as defined under Related Resources.

II. Policy

It is a violation of University policy for: (1) employees to solicit, initiate or enter into a sexual, physically intimate, or romantic relationship with students subject to their supervision, or evaluation; (2) a faculty member or an instructor to solicit, initiate or enter into sexual or romantic relationships with any person, known to the faculty member to be a student, for whom the faculty member or instructor has, or should reasonably expect to have in the future, academic or other responsibility (instructional, evaluative, formal advising, counseling, or supervisory). Thus, consistent with the above,

(a) No faculty member or instructor shall solicit, initiate or enter into a sexual, physically intimate, or romantic relationship with any person, known to the faculty member to be a student, for whom the faculty member or instructor has or should reasonably expect to have in the future, responsibility (instructional, evaluative, formal advising, counseling, or supervisory). A faculty member or instructor should reasonably expect to have in the future responsibility (instructional, evaluative, or supervisory) for (1) students whose academic program will require them to enroll in a course taught by the faculty member, (2) students known to the faculty member to have an interest in an academic area within the faculty member’s research and teaching units (department, research center, academic program, or equivalent organizational structure), or (3) any student for whom a faculty member must have academic responsibility (instructional, evaluative, or supervisory) in the pursuit of a degree.

(b) No supervisory employee may solicit, initiate or enter into a sexual, physically intimate, or romantic relationship with a student when the supervisory employee has supervisory or evaluative authority over that student. A supervisory employee is any employee having authority on behalf of the university to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline the student, in either an academic or employment context, or responsibly to direct the student, or to adjust the student’s grievances, or effectively to recommend such action, if the exercise of this authority is not of a merely routine or clerical nature but requires the use of independent judgment.

(2) Pre-existing sexual, physically intimate, or romantic relationship: A pre-existing sexual, physically intimate, or romantic relationships is one that has been entered into prior to a faculty member or instructor or Supervisory Employee having instructional, evaluative, formal advisory or supervisory authority over the student, or otherwise having the opportunity to influence the employment or educational status of the student. The pre-existing relationship must be disclosed promptly by the faculty member or instructor or Supervisory Employee to the head of the employee’s unit or to Human Resources so that Appropriate Arrangements as defined below can be made.

(3) Any person may report an alleged violation of this policy to the Office of Investigations and Civil Rights Compliance. Only the party with instructional, evaluative, formal advisory, or supervisory, power is subject to sanction as defined below for violating this policy. Employees, students and campus community members who make good faith reports under this policy or who participate in an investigation initiated under this policy shall be protected from retaliation based on their report or participation.

Nothing in this policy shall be construed as modifying an employee’s reporting obligations under other UO policies including but not limited to, the student sexual and gender-based harassment and violence complaint and response policy.

III. Definitions

As used in this policy:

(a) "Appropriate arrangement" is action reasonably calculated to remove or substantially mitigate a conflict or a potential conflict of interest or abuse of power, taking into account the interests of the University, the parties to the relationship, and others actually or potentially affected. For purposes of this section, prompt means at the earliest opportunity, typically within two weeks, and prior to the beginning of the instructional, evaluative, advisory, or supervisory authority, or other opportunity to influence the employment or educational status of the student. Appropriate arrangements ensure that the employee does not have instructional, evaluative, advisory, or supervisory role with regard to the student. Where applicable, for the disclosure of a pre-existing relationship, appropriate arrangements should include the option to anonymize the identity of the student involved or the nature of the relationship.

(b) “Employee” refers to all University employees, including classified and unclassified, faculty, staff and supervisors, those who do not hold academic rank, those who hold academic appointments, including officers of administration and graduate employees, and anyone else who teaches classes at the University or supervises the academic work of students. The term employee does not include volunteers or independent contractors.

(c) "Supervisory Employee" means any employee having authority on behalf of the university to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline the student, or responsibly to direct the student, in either an academic or employment context, or to adjust the student’s grievances, or effectively to recommend such action, if the exercise of this authority is not of a merely routine or clerical nature but requires the use of independent judgment.

IV. Redress

If the university initiates an investigation against an employee, it will conduct the investigation in an impartial manner. In responding to alleged violations of the University of Oregon Conflicts of Interest and Abuses of Power: Sexual, Physically Intimate, or Romantic Relationships with Student Policy, the university will follow state and federal law, university polices, and any applicable collective bargaining agreements. Employees have the right to provide a defense against an accusation.

V. Sanctions

If after appropriate procedures for investigation and analysis have transpired and the university finds that an employee has violated this policy, it shall take appropriate corrective action. This means that University of Oregon employees who have been found guilty of violating this policy may face discipline up to and including termination.

Chapter/Volume: 
  • Volume V: Human Resources
  • Chapter 4: Workplace
Original Source: 
UO Policy Statement

Campus Violence Prevention

Policy Number: 
IV.05.08
Reason for Policy: 

The University of Oregon (“UO” and “University”) is committed to maintaining a safe campus and workplace.

As an institution of higher learning, the University of Oregon aims to create and maintain a safe, welcoming learning and working environment for all of its community members. This policy seeks to signal the University’s commitment to safety and to help ensure that community members understand what is expected of them in their interactions with others.

Entities Affected by this Policy: 

All members of the UO community, and visitors to University-owned or controlled property or attendees at UO-sponsored events.

Responsible Office: 

For questions about this policy, please contact the please contact the Vice President for Finance and Administration at (541) 346-3003.

Enactment & Revision History: 

06 February 2019 - Enacted by the university president

Policy: 

UO is committed to maintaining a safe campus and workplace.

As a part of this commitment, the University prohibits campus violence which include, [but are not limited to], acts of threats, stalking and violent behavior or violence against students, employees, visitors, or any other person(s) who is on property owned or controlled by UO or at any University-sponsored event and will take appropriate action in response to campus violence. Note that this policy does not cover behaviors governed by UO’s prohibited discrimination policies.

Definitions:

For the purposes of this Policy, campus violence includes:

  • Stalking is behavior in which a person repeatedly engages in unwanted conduct directed at another specific person [or persons], which places that person or persons in reasonable fear of their safety or the safety of others. Stalking encompasses the use of technology to commit this behavior.
  • Threat is any physical, written, or verbal conduct, whether direct, indirect or conditional, that conveys intent or is reasonably perceived to convey intent to cause physical harm to property or someone or to place someone in fear of his or her safety or the safety of others. Threat encompasses the use of technology to commit this behavior.
  • Violent Behavior involves physically aggressive acts against a person or persons or a physical action intended to damage property.
  • Reasonable: In determining whether something is reasonable for purposes of this policy, the university will review the behavior on an objective and subjective basis, meaning, for example, that it will review whether the person that is being subjected to the behavior is experiencing a certain fear or threat and whether a reasonable, similarly situated person would also be experiencing fear or a threat.

REPORTING:

Any UO employee who is the subject of, or a witness to, a suspected violation of this policy, including retaliation for making a good faith report, is strongly urged to report the violation. Reports may be made pursuant to the below chart. Offices that review reports can help determine whether immediate action is necessary and will consult with the university’s Behavioral Evaluation Threat Assessment (BETA) team as necessary. These offices include the Office of the Provost, Office of the Dean of Students and Employee and Labor Relations. BETA will track incidents to ensure that patterns of behaviors are included in its assessment of threats across campus. BETA does not impose sanctions or disciplinary actions. The appropriate university office or unit will impose any sanctions or disciplinary actions in accordance with university policies, procedures, and CBAs

ASSESSMENT:

Generally, BETA assesses whether a person is deemed to be a threat or to have engaged in threatening behavior for purposes of this policy. In making this assessment, BETA uses a professionally accepted criteria and consults with individuals trained to understand the difference between a threat and behavior that is non-threatening but may impact others. Disciplinary action imposed under this policy will occur in accordance with applicable policies and procedures and collective bargaining agreements.

SUPPORT SERVICES:

Regardless of whether behavior reported to the university is deemed to be in violation of this policy, individuals impacted by the behavior will be offered or referred to available support resources. The lead response unit[1] on campus will coordinate with appropriate campus and community partners to provide support services to those who have been the target of threats, stalking or threats or acts of violence.

CONSEQUENCES:

UO will take appropriate remedial action to protect employees, students, and ensure public safety from campus violence. Employees who engage in campus violence may be subject to disciplinary and/or corrective action, up to and including termination. Students who violate this policy may be subject to discipline, up to and including explusion, under the Student Conduct Code. Campus visitors who violate this policy may be trespassed from campus.

Certain acts of campus violence violate the law and could result in criminal prosecution by the public authorities.

TRAINING, RESPONSE and COMMUNICATION:

The University will provide campus violence prevention training opportunities and assistance, where appropriate.

The University of Oregon Police Department and Safety and Risk Services are responsible for maintaining and updating the protocol for responding to acts of violence on campus.

BETA is responsible for maintaining, updating and communicating to the campus community the threat of violence reporting protocol.

If an individual has a medical condition that may make compliance with this policy difficult then they are encouraged to contact the university’s ADA Coordinator (541.346.3159 or hrinfo@uoregon.edu) at their earliest convenience in order to discuss their concerns, and to brainstorm possible accommodations that may proactively reduce the likelihood of such behavior occurring. Generally, a person’s medical condition will not excuse behavior that violates this policy.

RETALIATION:

No person shall be retaliated against in their employment or student status for reporting in good faith perceived campus violence. If a person believes that they have been retaliated against for making a good faith report under this policy or if they witness retaliation against a person who has made a good faith report, they can contact the employee and labor relations team to report the incident: https://hr.uoregon.edu/employee-labor-relations/contact-employee-and-lab....

APPEALS:

Employees subject to discipline for violating this policy may appeal the discipline through applicable grievance procedures. Students found in violation of this policy may appeal the discipline through the Student Conduct Code. Campus visitors found in violation of this policy may appeal the resulting trespass order to the Vice President Finance and Administration’s office, as provided for in UOPD’s trespass policy.

IMPLEMENTATION:

The university will implement this policy in accordance with UO policy and state and federal law, including but not limited to the First Amendment and academic freedom rights. The policy does not limit the university’s right to address disruptive behavior or behavior that violates expectations set forth in other policies or procedures.

CONTACT/REPORTING INFORMATION

 

Incidents/Reporting Process

Campus: Call 911 immediately

 

Threats of Campus Violence – not imminent or immediate danger: Promptly report to one of the following:

Primary Contact:

Offices that Review Reports:

 

[1] This may include, but is not limited to: BETA, Student Care Team, Dean of Students staff, UO Police Department, Human Resources, etc

Chapter/Volume: 
  • Volume IV: Finance, Administration and Infrastructure
  • Chapter 5: Public Safety and Risk Services
Original Source: 
UO Policy Statement

Physical and Environmental Security

Policy Number: 
IV.05.03
Reason for Policy: 

This policy sets out how the University aims to protect its community members and its assets (including its buildings, property, information, and equipment) against physical threats such as crime (theft and criminal damage), fire, and terrorism through the implementation of physical fire protection and security controls. Physical fire protection and security requires appropriate 'layering' of physical and technical measures and involves a balance between prevention, detection and response.

Entities Affected by this Policy: 

All members of the UO community and visitors.

Responsible Office: 

For questions about this policy, please contact Safety and Risk Services: (541) 346-8070, safety@uoregon.edu

Enactment & Revision History: 

18 December 2018 - Approved by the university president

Policy: 

Physical and Environmental Security

Policy: 

I. To support a unified campus implementation of physical fire protection systems, the UO Fire Marshal Office has the responsibility and has been delegated authority to ensure the UO complies with Oregon fire and life safety regulations as adopted in Oregon Fire Code and local municipality ordinances. When these regulations are silent or in conflict, fire prevention decisions are made by the UO Fire Marshal, under guidance of nationally recognized practices or standards such as those promulgated by the National Fire Protection Association, other nationally recognized fire protection agencies, and commonly accepted fire protection practices.

II. To support a unified campus security policy, UO has established three building security levels. Buildings are assigned security levels based on the functions that occur within the building.

a. In certain cases, a portion or room of a building could receive additional security elements beyond the building’s level. Definitions of the building levels and the accompanying security elements are located in the security standard.

III. Based on the principles of common crime prevention, the University will incorporate appropriate and proportionate physical security measures in both the design and layout for new campus buildings and major remodels

IV. Security levels may apply to the internal and exterior design of campus facilities (including buildings and grounds).

V. Determination of the building level occurs during the programming phase of the design process for major remodels and new construction to determine the plan for physical security elements and will be done in close collaboration with user groups, stakeholders and the Campus Vulnerability Assessment Team (CVAT). Determinations shall not negatively impact the unit’s activity.

a. In the event that involved parties disagree on security elements identified above the “Base” levels, then respective unit leadership will be consulted. If agreement cannot be reached there, the decision will go to the vice presidents of the respective units.

VI. Physical security elements are implemented through campus standards, managed by UO Design and Construction and Facilities Services.

VII. UO will integrate industry standard practices in building and space design to enhance crime prevention as part of the Campus Design Process.

VIII. No Department or Auxiliary will install a standalone physical security system (e.g., alarms, cameras, outdoor emergency phone systems, etc) without consulting with the Campus Vulnerability Assessment Team. Centralized systems are encouraged to ensure interoperability.

IX. Certain circumstances, including, but not limited to, large scale special events, temporary displays of high value, or occurrence of an emergency or incident may result in the need to temporarily increase security elements in or around a facility. In these instances, UOPD will be responsible for recommending temporary security measures.

X. In special cases, CVAT and the user group may determine that certain physical security elements identified in the building levels are not necessary. In these cases, the reasoning will be documented and kept by CVAT.

Responsibilities

I. Protecting the people and assets of the University of Oregon is the responsibility of the whole campus community. All university personnel are expected to support the university’s safety and security policy and associated procedures.

II. The University of Oregon Fire Marshal, an officer within the Department of Environmental Health and Safety, in accordance with agreement of the Eugene-Springfield Fire Marshal, is the designated authority having jurisdiction in the interpretation and application of fire protection codes and regulations and authorized to enforce applicable fire and life-safety codes, laws, regulations, and implementation of fire protection systems within campus facilities.

III. The University of Oregon Police Department (UOPD) is the lead department responsible for assessing physical security needs and making recommendations for security improvements for campus facilities. Departments will work in partnership with UOPD to plan, coordinate and implement and install security elements in their facilities. Examples of campus security needs include but are not limited to site security, assets protection, camera systems, security alarms, and personal safety, etc.

IV. The UO Campus Vulnerability Assessment Team (CVAT) works on enterprise-wide safety, security, and vulnerability policies and protocols to address campus vulnerabilities and vet request for standalone security elements.

V. All administrators, deans, department heads, directors, supervisors and/or principal investigators are directly accountable for the provision of appropriate training and promotion of a culture of security.

Chapter/Volume: 
  • Volume IV: Finance, Administration and Infrastructure
  • Chapter 5: Public Safety and Risk Services
Original Source: 
UO Policy Statement

Smoke and Tobacco-Free University

Policy Number: 
IV.07.09
Reason for Policy: 

This policy outlines smoking and tobacco restrictions on properties owned or controlled by the University of Oregon.

Entities Affected by this Policy: 

Any individual on University Property.

Responsible Office: 

For questions about this policy, please contact Human Resources at 541-346-3159.

Enactment & Revision History: 

06 January 2020 - Policy updates approved by the university president

08 November 2018 - Policy renumbered to IV.07.09

04 September 2015 - Technical revisions enacted by the university secretary

01 July 2014 - Became a University of Oregon Policy by operation of law

Former Oregon Administrative Rule Chapter 571 Division 50 Section 0005

Policy: 

The University of Oregon is committed to maintaining a healthy and safe learning, working, and living environment for our students, faculty, and staff, and other members of our community. Research shows that tobacco use in general constitutes a significant public health hazard. The University therefore strictly prohibits all Smoking or Tobacco Use on University Property and in University Vehicles. This policy applies to all persons, including but not limited to students, faculty, staff, contractors, and visitors.

(1) Definitions.

(a) “Smoking”: Inhaling, exhaling, burning, vaping or carrying any lighted or heated Tobacco or nicotine product, including legal smoking substances (e.g., dip replacements, kratom, salvia) that are not Tobacco.

(b) “Tobacco”: All forms of Tobacco, including but not limited to cigarettes, cigars, shisha, pipes, water pipes (hookah), clove cigarettes, electronic cigarettes (e-cigarettes), and similar devices, and all forms of smokeless Tobacco including but not limited to chew, snus, snuff, sticks, strips and orbs.

(c) “Tobacco Use”: Smoking, chewing, dipping or any other use of Tobacco products.

(d) “University Property”: All property owned, leased or controlled by the University.

(e) “University Vehicle”: Any vehicle owned, rented or leased by the University.

(2) Prohibitions.

Smoking and Tobacco Use is prohibited on all University Property and in all University Vehicles. The sale, distribution, and/or advertisement of any Tobacco products is prohibited on University Property and in University publications. Products exclusively designed to support smoking cessation are not prohibited.

An employee who violates this policy may be subject to discipline. A student who violates this policy may be subject to action under the Student Conduct Code.

Visitors who violate this policy may be cited and asked to leave pursuant to the Campus Visitors policy.

(3) Assistance to Employees and Students.

The University will publicize the availability of Tobacco addiction treatment assistance for employees and students.

(4) Exceptions.

Exceptions to this policy may be approved by the President and must be consistent with federal and state law (e.g., the Oregon Indoor Clean Air Act).

Chapter/Volume: 
  • Volume IV: Finance, Administration and Infrastructure
  • Chapter 7: Property, facilities and planning; sustainability
Original Source: 
Oregon Administrative Rule

Catering Services on Campus

Policy Number: 
IV.09.01
Reason for Policy: 

To clarify the rules related to caterers and other groups providing food service on campus. This policy does not pertain to the sale of food or beverages through vending machines or by businesses that occupy leased retail spaces in University owned or leased facilities.

Entities Affected by this Policy: 

Those using and working in UO catering and dining services; those hosting events with food service on campus.

Responsible Office: 

University Housing – (541) 346-4277, housing@uoregon.edu

Enactment & Revision History: 

02 August 2018 - Revisions approved by the university president; policy renumbered 04.00.01 to IV.09.01

08 February 2010 - Policy number revised from 4.000 to 04.00.01

11 October 2000 - Revisions approved by the university president's staff

01 March 1985 - Approved by the university president's staff

Policy: 

Food and beverage served or catered on University of Oregon (UO or University) owned or leased property must be provided by University Catering. University Catering is the authorized caterer for events scheduled in University campus facilities. University Catering is authorized to establish additional procedures regarding operational details such as delivery, bookings, cancellations, set-up, and disposition of unused food.

Beyond the exceptions listed below, individuals or organizations desiring to have food or beverage catered to approved campus locations by other food providers must receive prior written approval from the Vice President for Student Services and Enrollment Management or his designee.

All off-campus caterers must operate in compliance with local health department regulations and be able to provide proof of a valid business license for the specific operation and a certificate of liability insurance.

Service of alcoholic beverages at public events scheduled in University facilities must comply with UO Alcohol Service Standards and Guidelines. Copies of the guidelines are available in the Office of Risk Management. A “Request for Permission to Serve Alcohol Beverages” form must be completed and approved prior to any event.

Exceptions and Exclusions:

1. Department of Intercollegiate Athletics food service operations.

2. Approved food vendors during the ASUO Street Faire and similar festivals.

3. Food and beverages for the consumption of department affiliated individuals only and not intended to be served or sold to the general public or greater campus community.

4. Organized student groups may prepare and serve food within University Dining (kitchen use subject to availability), under the supervision of a UO Dining provided and certified food handler and with the approval of University Housing.

5. This policy does not pertain to the sale of food or beverages through vending machines or by businesses that occupy leased retail spaces in University owned or leased facilities.

Chapter/Volume: 
  • Volume IV: Finance, Administration and Infrastructure
  • Chapter 9: Purchasing and contracting
Original Source: 
UO Policy Statement

University Fiscal Policy

Policy Number: 
IV.04.05
Reason for Policy: 

This Policy provides broad guidelines related to university business operations. Along with supporting procedures, the Policy defines the university business entity, establishes an accounting and reporting framework, and sets restrictions and limits on certain university financial transactions.

Entities Affected by this Policy: 

Departmental budget authorities, staff who process financial transactions, and central business offices.

Responsible Office: 

For questions about this policy, please contact the Business Affairs Office at (541) 346-3165 or kbwolf@uoregon.edu.

Enactment & Revision History: 

23 July 2018 - Enacted by the university president

Policy: 
  1. Accounting and Financial Reporting
    1. Reporting Entity
      1. For purposes of the audited financial statements, the reporting entity consists of the legal entity of the University of Oregon (university) and the legally-separate University of Oregon Foundation.
      2. Organizations that are not financially accountable to the university, such as booster and alumni organizations, are not included in the reporting entity.
    2. Financial Accounting & Reporting Standards
      1. The university’s annual financial statements follow the fiscal year July 1- June 30.
      2. The university’s financial accounting records are maintained in accordance with US Generally Accepted Accounting Principles (GAAP) as prescribed in applicable pronouncements of the Governmental Accounting Standards Board (GASB).
      3. The university follows the cost principles required by Office of Management & Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
    3. Basis of Accounting
      1. For financial reporting purposes, the university is considered a special-purpose government engaged only in business-type activities.
      2. The university’s financial statements are presented using the economic resources measurement focus and the accrual basis of accounting.

 

  1. Fixed Assets Administration
    1. Accounting for Fixed Assets – General
      1. Definitions
        1. Fixed assets: Tangible assets that last more than one year. Examples include land, buildings, equipment, vehicles, vessels, etc.
        2. Capital assets: Fixed assets that are recorded as assets in the UO General Ledger. Capital assets are not expensed in year of purchase, but are capitalized and depreciated (as appropriate) over multiple years.
      2. A fixed asset is capitalized only if it meets all of the following conditions:
        1. Owned or considered owned by the university.
        2. Held for operations (not resale).
        3. Has a useful life that exceeds one year.
        4. Meets the capitalization threshold for that asset type as described in the current accounting procedures document.
      3. Donations of capital assets are recorded in the accounting records as revenue at fair market value (FMV) at date of receipt and capitalized in the accounting records. FMV may be determined by:
        1. A written appraisal,
        2. A qualified expert on the faculty or staff if he or she is considered to hold special knowledge or expertise related to the property being donated,
        3. Documentation obtained from a qualified outside source such as "blue book" or a knowledgeable dealer, or
        4. Documented cost if the university were to purchase the same asset outright from a vendor.
      4. The university uses straight-line depreciation with zero (0) salvage value, and useful lives that vary depending on the type of asset.
      5. When capital assets wear out or become obsolete, they are sold, scrapped, traded in, or may be returned at the end of a capital lease. When disposing of capital assets, the university follows all appropriate Surplus Property rules.
    2. Accounting for Fixed Assets – University Libraries
      1. Definitions
        1. General Collections: Library holdings of an institutional library (not departmental reference library) that are exhaustible by nature and have a useful life greater than one year. General collections include general books, periodicals, reference materials, microfilm, maps, manuscripts, etc.
        2. Special Collections: Library holdings of an institutional library (not departmental reference library) normally considered inexhaustible and accounted for like works of art and historical treasures. They are not easily replaced and meet the following conditions:
          1. Held for public exhibition, education, or research in furtherance of public service, rather than financial gain.
          2. Protected, kept unencumbered, cared for, and preserved.
      2. Additions to both General and Special Collections are comprised of purchases and donations. Purchases are valued at cost at time of acquisition. Donations are valued at FMV at time of donation. The FMV of donated additions is recognized as revenue in the year of donation.
      3. Deductions from both General and Special Collections are valued at historical cost of items withdrawn from the collections, including associated depreciation (if applicable).
    3. Building Component Depreciation
      1. The university may componentize some or all academic and research buildings to more accurately measure the annual depreciation. Componentized depreciation is based on the useful life of each component.
      2. Componentized depreciation may only be applied prospectively based on componentizing new buildings and/or applying componentization on the undepreciated portion of existing buildings.
      3. Componentized depreciation is limited to buildings. Componentized depreciation does not apply to non-building real property (such as improvements other than buildings, infrastructure, land, and land improvements), or to personal property.
    4. Intangible Assets
      1. Characteristics of Intangible Assets
        1. Owned or considered owned by the university
        2. Lacks physical substance
        3. Non-financial in nature (i.e., not in monetary form similar to cash and investment securities)
        4. Used primarily for operations and not used to directly obtain income or profit. Assets utilized to obtain income or profit are categorized as investments.
        5. Separately identifiable
        6. Supported by a formal agreement
      2. Examples of Intangible Assets
        1. Computer Software: The ownership of, or right to use, computer programs that control the functioning of computer hardware and other devices. Computer software comprises both operating systems and application programs. Computer software is either created by another party and acquired by the university, or created internally within the university.
        2. Easement/Right of Way: The right to use the land of another party for a particular purpose.
        3. Water Rights: The right to draw water from a particular source, such as a lake, irrigation canal, or stream.
        4. Timber Rights: The right to cut and remove trees from the property of another party.
        5. Patent: The right to exclude others from making, using, offering for sale, selling or importing an invention. Patents are issued by the U.S. Patent and Trademark Office.
        6. Copyright: A form of protection provided to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. Copyrights are registered by the Copyright Office of the Library of Congress.
        7. Trademark: A word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. Trademarks used in interstate or foreign commerce may be registered with the Patent and Trademark Office.
      3. Intangible assets can be purchased or licensed (which includes acquisition through an installment contract), acquired through nonexchange transactions, or internally generated.
      4. Capitalizable costs that (1) meet the characteristics in Section 2(d)(i) and (2) meet or exceed the capitalization threshold for that asset type as described in the current accounting procedures document are recorded (capitalized) as an intangible asset in the university’s accounting records.
      5. Donations of intangible assets are recorded in the accounting records as revenue at FMV at date of receipt, and capitalized in the accounting records. Provisions of Section 2(a)(iii) apply to intangible assets.
      6. Amortization of Intangible Assets
        1. An intangible asset has an indefinite useful life and is not amortized if there are no legal, contractual, regulatory, technological, or other factors that limit its useful life.
        2. An intangible asset is amortized if there are legal, contractual, regulatory, technological, or other factors that limit its useful life. Useful life may vary among intangible assets depending on the factors attributable to each intangible asset. The recorded useful life is the shorter of the intangible asset’s technological life versus its legal/contractual/regulatory life.
        3. The university uses straight-line amortization with zero salvage value.

 

  1. Procurement
    1. Purchasing and Accounts Payable
      1. Expenses paid with university funds must meet a general business need and/or foster or support the mission of the university.
        1. University funds are defined as all monies available to the university, excluding Agency Funds and monies maintained at the University of Oregon Foundation
        2. Expenses charged to Restricted Funds, including Restricted Gifts, must meet the restrictions that were placed on those monies by the donor(s) and are subject to the University Fiscal Policy and associated procedures
        3. Expenses paid directly from the University of Oregon Foundation are subject to the Foundation’s policies and processes (including donor intent)
      2. Except for items otherwise noted, the dean, director, department and/or unit head have programmatic and budgetary authority to authorize expenses. Programmatic and/or budgetary authority may be delegated to other qualified employees, provided such delegation does not circumvent a financial control or create a conflict of interest.
      3. Certain reimbursements to faculty, staff, or students may have income tax implications. The recipient is ultimately responsible for his/her tax filing and any resulting tax liability.
      4. The following purchases are specifically prohibited/limited:
        1. Alcoholic Beverages – Use of university funds for purchasing alcoholic beverages is limited to:
          1. Alcoholic beverages served at group functions that are part of a university-sponsored conference or event where the full cost of such beverages is recovered through resale or charges to the participants or sponsoring group.
          2. Alcoholic beverages purchased specifically for resale (i.e., university catering, athletics concessions)
        2. Contributions/Donations – The University has no authority or obligation to make disbursements for voluntary contributions or donations.
        3. Sanctioned individuals, companies, or countries – Unless otherwise permitted by law, the university may not conduct business with any individuals, companies, or countries who appear on the sanctions list of the U.S. Department of the Treasury, Office of Foreign Assets Control
      5. Additional guidance regarding specific transactions is available on the Business Affairs website
    2. Contractor Travel
      1. Contractors may be reimbursed for expenses incurred while traveling on official university business as permitted by their contract with the university.
      2. Except as otherwise defined in the individual contract, contractor reimbursements are subject to the university Travel Policy (IV.04.02)

 

  1. Human Resources, Payroll, and Fringe Benefits
    1. Moving Expenses
      1. New university employees may be reimbursed for travel and moving/relocation expenses as approved by the hiring authority.
      2. Certain travel and moving/relocation reimbursements may have income tax implications. The recipient is ultimately responsible for his/her tax filing and any resulting tax liability.
      3. See [procedures] for additional information.
    2. Vehicles
      1. A university employee's personal use of an employer-provided vehicle is a taxable fringe benefit to the employee.
      2. The university uses the General Valuation method to determine the taxable value of the benefit.
    3. Employee Recognition Awards
      1. Definitions
        1. Performance awards: Cash or non-cash awards that recognize and promote extraordinary employee and/or team achievements to reward and reinforce desired, demonstrated behavior, achievement, and results. Performance awards do not include defined merit pay programs that may be a part of bargaining unit compensation plans or other employee compensation plans, or salary performance incentives that may be included in individual employment contracts.
        2. Service awards: Cash or non-cash awards to honor length of service or retirement.
      2. Performance Awards
        1. Cash or cash-equivalent (i.e., gift cards, gifts certificates) performance awards in excess of $50 will be reported as taxable income to the recipient.
        2. Non-cash performance awards in excess of $50 in value will be reported as taxable income to the recipient
        3. Notwithstanding the above, non-cash performance awards for safety achievement in excess of $400 in value will be reported as taxable income to the recipient
        4. Taxability applies even if the cash, cash-equivalent, or non-cash award are provided directly from University of Oregon Foundation funds
      3. Service Awards
        1. Cash or cash-equivalent (i.e., gift cards, gifts certificates) service awards in excess of $50 will be reported as taxable income to the recipient
        2. Non-cash service awards in excess of $50 in value will be reported as taxable income to the recipient
        3. Notwithstanding the above, non-cash service awards for length of service in excess of $400 in value will be reported as taxable income to the recipient
        4. Taxability applies even if the cash, cash-equivalent, or non-cash award are provided directly from University of Oregon Foundation funds
    4. Employee Fringe Benefits
      1. A fringe benefit, generally speaking, is any benefit that is provided to an employee by their employer other than salary or wages. Unless they are exempted in the Internal Revenue Code (IRC), fringe benefits are reported as included in an employee's gross income. When included in gross income, they are processed through the payroll and are subject to income tax and FICA tax withholdings.
      2. The IRC describes categories of benefits that may qualify for exclusion from the employee's taxable income provided their restrictive criteria are met, including (but not limited to):
        1. No-additional-cost service
        2. Qualified employee discount
        3. Working condition fringe
        4. De minimis fringe
      3. All fringe benefits that are reported as included in an employee’s taxable income will be processed through the payroll system subject to withholding for taxes and retirement plan contributions (as applicable).
Chapter/Volume: 
  • Volume IV: Finance, Administration and Infrastructure
  • Chapter 4: Business affairs
Original Source: 
UO Policy Statement

University Records Management

Policy Number: 
IV.10.01
Reason for Policy: 

Oregon law states that Oregon public bodies “have a responsibility to ensure orderly retention and destruction of all public records, whether current or noncurrent, and to ensure the preservation of public records of value for administrative, legal and research purposes.” The University of Oregon (“the University”) is subject to recordkeeping requirements established by state and federal laws. Reliable, authentic, complete records evidence decision-making and serve as primary vehicles for demonstrating compliance with policies and laws; preserving institutional memory; and, promoting business continuity.

Entities Affected by this Policy: 

All University employees, volunteers, agents, units, and other individuals/entities acting on behalf of the University who create, manage, or otherwise retain University public records as defined in this policy.

Responsible Office: 

For questions about this policy, please contact the University Records Manager at recordsmgr@uoregon.edu. The Responsible Executive Officer of this policy is the Vice President and General Counsel.

Enactment & Revision History: 

20 July 2018 - Enacted by the university president

Policy: 

Policy Statement and Responsibilities

  1. The University policy is to have a university-wide Records Management Program (the “Program”). Records Subject to Retention, as defined below, must be managed and retained for the specific periods of time set forth in the procedures that accompany this policy, in accordance with institutional or legal requirements, or for historical purposes.
  2. The University shall maintain a records retention schedule for University Public Records that are Records Subject to Retention. The retention schedule shall be part of the procedures accompanying this policy. Records Subject to Retention must be retained and managed for the retention periods set forth in the University’s records retention schedule contained in the procedures accompanying this policy, and may only be disposed of according to that schedule. Except as provided in Section 1.5 and 1.6, when authorized by this policy (i.e., after the retention period is met), a University employee, volunteer, agent, or unit may destroy Records Subject to Retention according to the University’s record retention schedule.
  3. Records that are not University Public Records, and Records Not Subject to Retention have no retention requirement and may be disposed of immediately. Such records containing confidential, sensitive or otherwise protected information should be destroyed in a secure manner such as shredding. Except as authorized by this policy and its accompanying procedures, no person may dispose of a University Public Record.
  4. The University’s records retention schedule shall be established and maintained by the Program, shall be posted at recordsmanagement.uoregon.edu, and shall be reviewed every three years.
  5. To the extent that state or federal laws prescribe retention periods for records not listed in the retention schedule or prescribe longer retention periods for records listed in the schedule, those laws are to be followed. While units are responsible for maintaining a general understanding of the laws and retention requirements that apply to their areas, units are encouraged to consult with the Office of the General Counsel (OGC) regarding questions about applicable legal requirements. Requests for changes in retention requirements within the schedule should be made to the University Records Manager and may be implemented only after approval by the University Records Manager in consultation with OGC.
  6. From time to time, the application of the retention schedule may be temporarily halted for legal and/or administrative reasons. University Public Records may be material to a pending or threatened tort claim notice, litigation, or administrative proceedings or may become subject to an active public records request, subpoena, litigation discovery request, audit, internal or external investigation, or litigation hold. Additionally, because organizational structures change over time, which may impact custodial responsibilities, it is possible to place an administrative hold on records that have otherwise met their retention period. In any of these triggering circumstances, and regardless of the terms of the University’s retention schedule, no University Public Records may be destroyed unless and until the triggering circumstance is concluded, and OGC approves their disposal. Units must inform OGC of any situation that might give rise to legal action as soon as the situation becomes apparent.
  7. This policy supersedes any and all previous University records retention and destruction policies and related procedures. To the extent current University policies or procedures address specific retention requirements, those requirements are hereby amended to conform with this policy, its accompanying procedures and the retention requirements contained therein.

ROLES AND RESPONSIBILITIES

  1. The University Records Manager shall direct the Program to develop, deliver, and monitor procedures and training to guide employees in how to create, maintain, protect, retain, and dispose of records in a manner consistent with legal requirements, operational needs, and preservation best practices.
  2. All employees, volunteers, agents, units, and other individuals/entities acting on behalf of the University shall manage and dispose of records they create or receive in the course of business in accordance with the policy and accompanying procedures; and participate in Records Management trainings and related activities as requested.
  3. The University Archivist will assist units holding Records Subject to Retention that may have long-term administrative or historical value, including identifying such records and developing a plan for their preservation and access.
  4. The Office of the General Counsel shall coordinate discovery and public records requests and has the authority to suspend retention periods due to a pending public records request, subpoena, litigation discovery request, audit, internal or external investigation, or litigation hold.
  5. Executive leadership shall allocate time required of employees to achieve compliance with the policy; work with direct reports to ensure recordkeeping responsibilities are met; and complete annual Records Management training.
  6. Senior leadership, such as Associate Vice Presidents, Deans, Directors, or their designees, shall work with their direct reports to identify one or more employees who will serve as the Records Steward(s) for their designated areas and empower them to lead Records Management activities; support Records Steward’s participation in training and implementation activities; ensure that individual employees in their portfolios receive appropriate guidance; and complete annual Records Management training.
  7. Records Stewards, shall guide the systematic maintenance and disposal of records and cooperation of all employees; serve as a resource to others in their units/departments/programs; and complete annual Records Management training. The criteria, time commitment, and scope of work for Records Stewards shall be described in the procedures accompanying this policy.

ENFORCEMENT

  1. This policy has the force of law pursuant to Oregon law. It may be enforced through appropriate employee and volunteer personnel procedures, contract administration procedures, and student conduct code proceedings. In the event that the procedure used in a particular case does not include an opportunity for an appeal of any initial decision to a higher level within the University, the person aggrieved by such a decision may, within ten days of the decision, appeal the decision in writing to the University Records Manager.

DEFINITIONS

  1. “University Public Record” means any book, document, paper, file, photograph, sound recording, computerized recording in machine or electronic storage, records or other materials, regardless of physical form or characteristic, made, received, filed or recorded at the University pursuant to law or in connection with the transaction of any University business or activity, whether or not confidential or restricted in use or access. These records constitute University property.
    1. “Records Subject to Retention” means University Public Records identified in the University’s Retention Schedule or in a federal or state law prescribing a retention period for such records.
    2. “Records Not Subject to Retention” means University Public Records that are not subject to retention. They include, but are not limited to:
  • Messages on voice mail or on other telephone message storage and retrieval systems.
  • University Public Records that are duplicates by reason of being photocopies or electronic copies.
  • Transmittal and acknowledgment letters or emails.
  • Spam, advertising, and announcements.
  • Correspondence or notes pertaining to reservations of accommodations or scheduling of personal visits or appearances.
  • Private emails or other messages or records that do not relate to University business or activities.
  • Electronic text messages sent from one cellphone to another.
  • Temporary records that may result from communication technologies (e.g., instant messaging, image messaging, and other multimedia mobile applications or technologies that may be developed and used in the future).
  • Superseded drafts of letters or emails, minutes, notes, memoranda, reports, or articles.
  • Desk, telephone, or meeting notes intended for temporary or personal use.
  • Daily calendar or scheduling information.
  • A stock of publications.
  • Library and museum materials made or acquired and preserved solely for reference or exhibition purposes.
  • Any metadata associated with a Record Not Subject to Retention.
Chapter/Volume: 
  • Volume IV: Finance, Administration and Infrastructure
  • Chapter 10: Public records and retention

Equity Contracting, Purchasing, and Data Reporting Procedures

Policy Number: 
IV.09.04
Reason for Policy: 

To articulate a policy aimed at sharing information regarding the University’s use of minority and women-owned and disabled veteran owned businesses, as well as emerging small businesses in contracting and purchasing agreements.

Entities Affected by this Policy: 

Purchasing and Contracting Services and Design and Construction, which are responsible for producing the report required by the policy.

Responsible Office: 

Purchasing and Contracting Services: (541) 346-2419 or pcsadmin@uoregon.edu

Design and Construction: capcon@uoregon.edu

Enactment & Revision History: 

20 July 2018 - Revisions approved by the university president. Policy number changed to IV.09.04 from OUS 23.

01 July 2014 - Became a University of Oregon policy by operation of law

08 July 2011 - Approved by the State Board of Higher Education

Policy: 

I. POLICY

It is the policy of the University of Oregon (“University” or “UO”) that all businesses, including small, minority and women-owned businesses, can access the maximum practicable opportunity to compete for and be awarded contracts offered by the University. The goal of this policy is to expand economic opportunities for Historically Underutilized Small Businesses (HUBs) by encouraging participation in University contracting and purchasing.

University Policy provides that the University will adopt contracting practices that encourage and promote participation by HUBs. Accordingly, the University requires periodic reports to the President by the Director of Purchasing and Contracting Services and the Director of Design and Construction on the University’s progress to encourage and promote participation by HUBs in the University’s contracting opportunities.

Purchasing and Contracting Services and Design and Construction will execute this policy by conducting targeted outreach efforts aimed at increasing opportunities for a wide range of businesses, including certified HUBs and service disabled veteran owned, minority and women-owned businesses, and disadvantaged businesses that are not currently certified by Business Oregon or have chosen an alternative agency for certification. No provision of this policy provides for or encourages the granting of any unlawful preferences in contracting. University shall implement the provisions of this policy in accordance with the requirements of state and federal law.

II. DEFINITIONS

State Certified HUB: A small business certified by the State of Oregon including Emerging Small Business (ESB), Minority/Woman Business Enterprise (M/WBE), Service Disabled Veteran (SDV) and Disadvantaged Business Enterprise (DBE and ACDBE).

Historically Underrepresented Businesses: Oregon State certified and self-identified firms certified federally or by another state or entity with substantially similar procedures to the State of Oregon.

Management Aspiration: A plan to increase the diversity of a business’ workforce and to subcontract with or purchase from Historically Underrepresented Businesses. The Management Aspiration may include the business’ nondiscrimination practices, subcontracting strategy, workforce diversity plan, and outreach plan to increase participation by Historically Underrepresented Businesses. The University may consider past performance of businesses in regards to workforce diversity and subcontracting plans as part of the Management Plan evaluation. The Management Plan, except for any percentage goals to utilize Historically Underrepresented Businesses, shall become part of the Contract.

Outreach Plan: The University’s plan to increase utilization of Historically Underrepresented Businesses

III.OUTREACH

The University shall develop an Outreach Plan. The Outreach Plan may include elements such as: vendor fairs, small group meetings between Historically Underrepresented Businesses and persons who solicit and enter into contracts for the University, technical assistance for Historically Underrepresented Businesses, and dissemination of resources to University employees with purchasing authority. The Outreach Plan may also include outreach to businesses owned by disabled veterans.

IV. CONSTRUCTION-RELATED SERVICES, PROFESSIONAL CONSULTANTS, AND CAPITAL CONSTRUCTION

  1. Retainer Program for Construction Related Services: All contracts with a contract value greater than $50,000 that are awarded under the Retainer Program for Construction Related Services shall require a Solicitation Effort to at least two (2) Historically Underrepresented Businesses.
  2. Retainer Program for Professional Consultants: All contracts with a contract value greater than $100,000 awarded under the Retainer Program for Professional Consultants shall require a Solicitation Effort to at least two (2) Historically Underrepresented Businesses professional consultants.
  3. CM/GC and Design/Build Capital Construction Projects: All RFPs for capital construction projects and associated professional consultants utilizing CM/GC or Design/Build processes shall include a Management Plan by the proposer as part of the evaluation criteria. At least 10 percent of the total points allocated for evaluation shall be allocated to the Management Plan.
  4. For purposes of this section, Solicitation Effort means:
    1. Contacting at least two (2) Historically Underrepresented Businesses, if available, individually by appropriate means (letter, fax, e-mail or telephone) to alert them of the contracting opportunity; and
    2. Providing the Historically Underrepresented Businesses the same amount of time to respond to the proposal as non-Historically Underrepresented Businesses; and
    3. If the University solicits bids without posting an RFP on its website, posting the names of the contractors that the University has chosen to submit bids on the appropriate University website so that Historically Underrepresented Businesses can contact them to provide their services as subcontractors or suppliers; OR
    4. If a significant portion of the Contract award to a general contractor in a capital construction project will be subcontracted to other businesses, per the determination of the University, the inclusion of a Management Plan as part of the evaluation criteria. The evaluation of the Management Plan must represent at least 10 percent of the total points allocated for evaluation.

V. PURCHASING OF GOODS OR SERVICES

All Informal and Formal Procurements for the purchase of goods or services under a competitive process shall require a Solicitation Effort to at least one (1) Oregon certified firm.

  1. For the purposes of this section, Solicitation Effort means:
    1. The University shall contact one Certified HUB vendor if available, by appropriate means (letter, fax, e-mail or telephone) to alert them of the contracting opportunity and provide them reasonable notice to respond.
    2. If no Certified HUB vendor are available for the applicable solicitation, Self-identified businesses or firms certified by a state, the federal government or other entities, as available, may be used to satisfy the requirements of this section.

VI. RECORDS

The University shall keep a record of all Solicitation Efforts with its solicitation documents and in accordance with the University’s records retention rules.

VII. EMERGENCY PROCUREMENTS AND OTHER EXEMPTED CONTRACTS

This policy is inapplicable to Emergency Procurements and Special Procurements. This policy is inapplicable to any contract exempted from competitive procurement under existing University policies or rules. Notwithstanding the foregoing, the University will endeavor to contract with Historically Underrepresented Businesses for Emergency Procurements or exempt contracts where practicable.

VIII. ANNUAL REPORT

  1. Purchasing and Contracting Services and Design and Construction will submit an annual report on the University’s equity contracting and purchasing efforts to the President’s Office by November 1.
  2. The Annual Report shall include data on utilization of Historically Underrepresented Businesses for capital construction projects and goods or services purchases for the most recently completed fiscal year. The Annual Report will also compare utilization to the previous year’s utilization.
    1. Utilization data shall be separated into the following categories, when available:
      1. Certified Minority Business Enterprises;
      2. Certified Women Businesses Enterprises;
      3. Certified Disabled Veteran Business Enterprises
      4. Certified Emerging Small Business Enterprises; and
      5. Self-identified HUBs.
    2. The Annual Report must include utilization data from the contracts with firms within the categories listed in 1(a), (b), (c), (d) and (e). The Annual Report may include utilization data from contracts with firms within the category listed in 1(d). The Annual Report may also include utilization data from contracts with non-HUB firms that subcontract with Historically Underrepresented Businesses.
    3. The Annual Report shall include data on Historically Underrepresented firms that are subcontractors on capital construction projects. Design and Construction shall set out the format for reporting this data.
    4. The Annual Reports shall include the total number of Historically Underrepresented Businesses that did business with the University either directly, or as a subcontractor to a general contractor in a capital construction project, during the most recently completed fiscal year.
    5. All utilization data shall be reported as a percentage of total covered expenditures and as the total value of the covered contracts.
Chapter/Volume: 
  • Volume IV: Finance, Administration and Infrastructure
  • Chapter 9: Purchasing and contracting
Original Source: 
OUS Board Policy

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