Proprietary Research

Policy Number: 
II.06.05
Reason for Policy: 

To record the faculty’s commitment to freedom to publish research results.

Entities Affected by this Policy: 

Anyone who conducts or supports research at the University of Oregon.

Enactment & Revision History: 

10/12/2016 Policy number changed from 09.00.07 to II.06.05

06/14/2012 Reviewed and Approved Interim President Robert Berdahl

 

Policy: 

Preamble: 

To fulfill its mission and meet requirements arising from the University of Oregon's status as a tax-exempt, public educational and research institution, research conducted at the University of Oregon must primarily serve public rather than private purposes. It is expected that research results will be published or otherwise be disseminated on a nondiscriminatory basis and within a reasonable period of time.

Policy Statement: 

University researchers may not conduct proprietary research where the freedom to publish is limited inherently and fundamentally, even if such limitation is intended only to permit University project personnel access to proprietary information.  The University of Oregon shall not accept any fundamental and inherent limitation on the freedom to publish from any research sponsor and therefore, shall not accept publication restrictions that convey veto or censorship authority to extramural sponsors of University research projects. Publication delays not exceeding sixty (60) days are acceptable so that a research sponsor may review publications and (1) offer comments or suggestions and (2) determine that its proprietary data are not disclosed. Delays not exceeding ninety (90) days also are permitted so that the University and the research sponsor may screen proposed publications for intellectual property protection. If both sixty- and ninety-day delays are applicable, the total period of delay should not exceed ninety (90) days.


Sponsored research projects allowing access to or use of the sponsor's proprietary data or materials will be accepted only if regulations regarding access, use, and protection of such data or materials do not restrict the full dissemination, excluding the proprietary data or materials, of scholarly findings made under the research agreement. Proprietary data or materials must be labeled as such by the research sponsor before release to University researchers, except that proprietary data or materials disclosed orally must be identified, within 30 days of such disclosure, in writing by the sponsor as proprietary, or as otherwise agreed to in writing by University’s authorized representative. Research sponsor requirements shall not proscribe citation of the sponsor name in publications.

Chapter/Volume: 
  • Volume II: Academics, Instruction and Research
  • Chapter 6: Research, general
Responsible Office: 

For questions about this policy, please contact the Office of the Vice President for Research and Innovation at (541) 346-2090, vpri@uoregon.edu

Original Source: 
UO Policy Statement

Discrimination Complaint and Response

Policy Number: 
V.11.02
Reason for Policy: 

This policy outlines the university’s discrimination statement, response to discrimination complaints and responsible employee obligations. Formal grievance procedures are set forth in applicable collective bargaining agreements and the university’s grievance policy.

Entities Affected by this Policy: 

All members of the UO community.

Enactment & Revision History: 

Amended by incorporation with the adoption of UO Policy V.11.02 on September 15, 2017. (Redline amendments available upon request in the UO Policy library.)

Enacted by the president as a temporary emergency policy on August 18, 2016. 

Policy: 

 

I. Policy Statement

 

The university is committed to equal access to programs, course offerings, facilities, admission and employment for all of its: (1) employees; (2) students; and (3) campus community members.  It is the policy of the university to maintain an environment free of prohibited harassment and discrimination against any person because of:

 

age                                                                         veteran status

race                                                                        sex

color                                                                       sexual orientation

ancestry                                                                 gender identity

national or ethnic origin                                       perceived gender

religion                                                                   marital or family status

gender                                                                   pregnancy-related conditions

disability                                                                genetic information

service in the uniformed services (as defined in state and federal law)

the use of leave protected by state or federal law

 

Discriminatory harassment, including sexual harassment, regardless of the relative power of the harasser, is disruptive of workplace and campus life, and denies its subject equal opportunity as a student, employee or campus community member. Prohibited Discrimination (as defined in state and federal law), discriminatory harassment, including sexual harassment and retaliation impede the realization of the university’s educational mission and shall not be tolerated at the University of Oregon.

 

II. Definitions

 

A. Prohibited Discrimination is defined as any act that either in form or operation, and whether intended or unintended, unreasonably discriminates among individuals on the basis of age, race, color, ancestry, national or ethnic origin, religion, service in the uniformed services (as defined in state and federal law), veteran status, sex, sexual orientation, marital or family status, pregnancy, pregnancy-related conditions, disability, gender, perceived gender, gender identity, genetic information or the use of leave protected by state or federal law. "Unintentional discrimination" is a concept applicable only to situations where a policy, requirement, or regularized practice, although neutral on its face, can be shown to have disparately impacted members of a protected class. The concept is inapplicable to sexual or other forms of harassment which, by definition, result from volitional actions.

 

B. Discriminatory Harassment is defined as any conduct that either in form or operation unreasonably discriminates among individuals on the basis of age, race, color, ancestry, national or ethnic origin, religion, service in the uniformed services (as defined in state and federal law), veteran status, sex, sexual orientation, marital or family status, pregnancy, pregnancy-related conditions, physical or mental disability, gender, perceived gender, gender identity, genetic information or the use of leave protected by state or federal law and that is sufficiently severe or pervasive that it interferes with work or participation in any university program or activity, including academic activities because it creates an intimidating, hostile, or degrading working or university environment for the individual who is the subject of such conduct, and where the conduct would have such an effect on a reasonable person who is similarly situated.

 

C. Sexual Harassment is a type of sex discrimination which is defined as any sexual advance, any request for sexual favors, or other verbal or physical conduct of a sexual nature when:

 

  1. Submission to such advances, requests, or conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic experience or participation in any university program or activity;
  2. Submission to or rejection of such advances, requests, or conduct by an individual is used as a basis or condition for employment, participation in any university program or activity or academic experience; or
  3. Such conduct is unwelcome and sufficiently severe or pervasive that it interferes with work, participation in any university program or activity and/or academic experience because it creates an intimidating, hostile, or offensive working, university or academic environment for the individual who is the subject of such conduct, and where the conduct would have such an effect on a reasonable person who is similarly situated.

 

Sexual harassment includes sex and gender-based stalking, sex and gender-based harassment and bullying, dating violence, and domestic violence, defined as follows:

 

i.Sex and gender based stalking occurs when, based on a person’s sex or gender: (1) a person knowingly alarms or coerces another person or a member of that person’s immediate family or household by engaging in repeated and unwanted contact with the other person; (2)it is objectively reasonable for a person in the complainant’s situation to have been alarmed or coerced by the contact; and (3)the repeated and unwanted contact causes the complainant reasonable apprehension regarding the personal safety of the complainant or a member of the complainant’s immediate family or household.

 

ii.Sex and gender-based harassment and bullying means any act that: (1) Substantially interferes with work or academic performance; (2) Has the effect of: a. Physically harming a student or employee or damaging their property; b. Knowingly placing a person in reasonable fear of physical harm to the person or damages the person’s property; or c. Creating a hostile environment, including interfering with the psychological well-being of a person; and (3) May be based on, but not be limited to, the sex, sexual orientation, or gender identity of the person.  Gender-based harassment and bullying includes cyberbullying, which means the use of any electronic communication device to perform gender-based harassment or bullying.

 

iii.Dating Violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. The existence of such a relationship shall be determined based on the complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of the interaction between the persons involved in the relationship. For the purpose of this definition: (1) Dating violence includes, but is not limited to, causing or attempting to cause sexual or physical abuse, placing another in fear of imminent sexual or physical abuse or the threat of such abuse; and (2) Dating violence does not include acts covered under the definition of Domestic Violence.

 

iv.Domestic Violence means violence between family or household members. Family or household members means: Spouses or former spouses; adults related by blood, marriage or adoption; persons cohabitating or who have cohabitated; persons in a past or present sexually intimate relationship; unmarried parents of a child. Abuse means: The occurrence of one or more of the following acts within a domestic or dating relationship: a. Attempting to cause or intentionally, knowingly or recklessly causing bodily injury. b. Intentionally, knowingly or recklessly placing another in fear of imminent bodily injury. c. Causing another to engage in involuntary sexual relations by force or threat of force.

 

D. Responsible Employee: University employees are responsible employees, with the following exceptions:

  1. Confidential employees;
  2. Student Employees, as that term is defined by this policy; and
  3. Exempt Employees.

 

E. Retaliation: Retaliation means an adverse action taken against a Student, Employee or Campus Community Member because the individual engaged in a protected activity. Adverse action means any action that is reasonably likely to deter a person from engaging in a protected activity. Adverse action does not include petty slights or trivial annoyances.  Protected activity means: (1) fulfilling the responsible employee obligations described in this policy; (2) filing a good faith Prohibited Discrimination (including harassment and sexual harassment) complaint with the university or with an outside agency; (3) participating as a witness, advisor, etc., in the university’s resolution process or an outside agency’s resolution process; or (4) participating in the university’s reasonable accommodation processes.  

 

F. Student Employee: Student Employee means an enrolled student employed by the university whose employment is contingent on their student status. For purposes of this policy, the term Student Employee does not include Residential Advisors and graduate students with GTF appointments or other student employees who supervise two or more employees. Although student employees are not required by university policy to report, a student employee’s supervisor may set expectations for a position that include reporting obligations. Further, student employees are encouraged to report as outlined below.

 

G. Confidential Employee: The following employees are confidential employees, meaning that in most instances, they will not share information disclosed to them with the university at large:

 

  1. Health care professionals working at the University Counseling and Testing Center (available to students);
  2. Health care professionals working at the University Health Center (available to students);
  3. Office of Crisis Intervention and Sexual Violence Support Services employees (available to students); and
  4. The university’s Ombudsperson (available to students and employees).

 

H. Credible Evidence: Credible Evidence is evidence of the kind that prudent people would rely on in making personal or business decisions, which is not obtained: (1) during public awareness events (For example, “Take Back the Night,” and “survivor speak outs”);  (2) as part of an Institutional Review Board-approved human subjects research protocol focused on Prohibited Discrimination; or (3) in the context of a required classroom assignment. (Note: If a faculty member believes that a classroom assignment may illicit a disclosure that would trigger obligations under this policy, the faculty member should make clear to students that an account provided in response to a classroom assignment, without more information, will not result in the university taking any action in response to the disclosure. This means that the university will not investigate the incident, offer interim measures or otherwise take step to remediate the behavior.)  

 

Please note that credible evidence also excludes information obtained during a conversation that is otherwise privileged or confidential under state or federal law. Examples of this exclusion include, but are not limited to: attorneys, who are not required to disclose information covered by the attorney client privilege; union stewards and union representatives, who are not required to disclose information obtained during a conversation with a member regarding workplace issues (including grievances); and licensed mental health professionals (counselors, psychologists, etc.), who are not required to disclose information covered by an applicable privilege.

I. Student: For purposes of this policy, the term Student has the meaning set forth in the Student Conduct Code.

J. Employee: A person in an employment relationship with the university.

 

K. Campus Community Member: Campus Community Member means a person participating in a university-sponsored program or activity, attending or wanting to attend an event on university owned or leased property, an independent contractor or vendor, a volunteer, a person applying for admissions, a person applying for employment, or a campus visitor or a person living on university-owned property. The term Campus Community Member excludes Employees and Students.

 

L. Exempt Employees: Exempt employees are those employees who are certified as such by the Title IX Coordinator and who: (1) pass annual training requirements approved by the Title IX Coordinator; (2) provide students who they interact with a notice approved by the Title IX Coordinator relating to their status as an exempt employee and their privacy practices.  The Title IX Coordinator may decline to certify as exempt those employees whose duties or other reporting obligations make exemption inappropriate due to their role as supervisors or others deemed campus security authorities or individuals with a role in investigation or responding to incidents of sexual misconduct.

 

Exempt employees are not required to report instances of Prohibited Discrimination relating to students; however, exempt employees are encouraged to report all instances of Prohibited Discrimination in the manner described in this policy. If a student shares information regarding Prohibited Discrimination with an exempt employee, the employee is required to provide that individual with information regarding available resources, reporting options, including confidential reporting options, the university’s complaint process and the university’s policy regarding retaliation. Such information will be provided to exempt employees during their annual training.  Exempt employees are also required to consult confidentially with the Crisis Intervention and Sexual Violence Support Services Program after receiving a report.  Exempt employees who fail to comply with these requirements may be subject to discipline up to and including a letter for reprimand.

 

III. Responsible Employees Reporting Obligations

 

Except as provided for in the Student Sexual and Gender-Based Harassment and Violence Complaint Response (Student Complaint Response Policy), Responsible Employees who receive Credible Evidence of Prohibited Discrimination, Harassment or Sexual Harassment involving an Employee, Student or Campus Community Member are required to promptly report that information as follows:

 

  1. If the Credible Evidence relates to Sex Discrimination of a Student, Responsible Employees should report any information received to the Title IX Coordinator or to the Office of Crisis Intervention and Sexual Violence Support Services. (Note: The Student Complaint Response Policy applies to information disclosed by a student reporting sex discrimination and sexual harassment, including sexual violence. That policy may provide for different reporting obligations depending on the status of the employee receiving the report. Employees who receive reports of sex discrimination (including sexual harassment and sexual violence) against a student should reference the Student Complaint and Response Policy in order to determine their reporting obligations.)

 

  1. In all other instances, Responsible Employees should report any information received to the Office of Affirmative Action and Equal Opportunity (AAEO).

 

Employees should be aware that AAEO is tasked with ensuring compliance with this policy and state and federal law.  Therefore, while AAEO will work with employees, students and campus community members to ensure that they understand their complaint options, are protected from retaliation and are provided with interim measures as appropriate, AAEO employees are not advocates for individuals participating in the process.

 

Note: The Student Complaint and Response Policy provides for different reporting obligations in the context of students experiencing sexual and gender-based harassment and violence.  That policy should be referenced when determining an employee’s reporting obligations in the context of students experiencing sexual and gender-based harassment and violence.

 

IV. Confidential Employees

 

Students and Employees have the option to share their experience with a Confidential Employee.  However, it is important to understand that in most instances, Confidential Employees will not report the underlying actions to the university at large, which means that the university will not take action to stop the discrimination or harassment, remedy its effects or prevent future instances of discrimination and harassment.  Further, Students and Employees who report to Confidential Employees always retain the choice to make a complaint, as outlined below. Students, Employees and Campus Community Members with questions regarding the university’s processes are encouraged to contact the Title IX Coordinator or AAEO.   For further information regarding Confidential Employees’ privacy practices, please visit the website referenced below. 

 

We recognize that employees who experience Prohibited Discrimination, Harassment or Sexual Harassment within departments, institutes, or programs face unique obstacles.  Rather than reporting to other employees who are Responsible Employees, and who may have conflicts of interest based on existing relationships within those units, we encourage employees experiencing Prohibited Discrimination, Harassment or Sexual Harassment to utilize the confidential resources available to them in order to explore forms of support and protection and to fully understand their options relating to filing a complaint.

 

Note: Except as provided for the Student Complaint and Response Policy, information reported by Responsible Employees to the Office of Crisis Intervention and Sexual Violence Support Services will be passed on to the Title IX Coordinator. The Student Complaint and Response Policy provides for different reporting and disclosure obligations in the context of students experiencing sexual and gender-based harassment and violence.  That policy should be referenced when determining an employee’s reporting obligations in the context of students experiencing sexual and gender-based harassment and violence.

 

 

V.  Prohibited Discrimination Complaints

 

Students, Employees and Campus Community Members who have been subject to Prohibited Discrimination, Harassment, Sexual Harassment or Retaliation are encouraged to file complaints with the university as set forth below.  Individuals may also exercise applicable grievance rights, which are referenced below. Complaints should generally be filed within 365 days of the date the person knew or should have known of the underlying conduct.

 

  1. Student complaints relating to Sex Discrimination or Retaliation: Students may file a complaint relating to Sex Discrimination, including Sexual Harassment, or Retaliation relating to Sex Discrimination or Sexual Harassment with the Title IX Coordinator or AAEO. Complaints can be made by e-mailing, calling or visiting any one of these two offices. Students may also discuss their options with a Confidential Employee.

 

  1. All other complaints (including Employee and Campus Community Member complaints):  All other complaints of Prohibited Discrimination including Harassment, Sexual harassment or Retaliation, may be filed with AAEO. Complaints may be made by e-mailing, calling or visiting AAEO’s office. Employees and students are encouraged to discuss their options for filing complaints with a Confidential Employee. 

 

VI. University’s Response

 

The university will take prompt and equitable corrective measures to stop Prohibited Discrimination or Harassment, to remedy the effects of Prohibited Discrimination or Harassment, and to prevent future instances of Prohibited Discrimination, Harassment and Retaliation. If the university initiates an investigation, it will be impartial. In responding to incidents of Prohibited Discrimination, the university will follow state and federal law, university polices and any applicable collective bargaining agreements.  Employees and Students may also choose to exercise applicable formal grievances rights. A complaining party’s options will be explained to that person by AAEO or the Title IX Coordinator, as appropriate.

 

  1. Against a Student: If the underlying incident involves Sex Discrimination, Sexual Harassment or Retaliation arising out of an act of Sex Discrimination against a Student, meaning that the Student is the alleged bad actor, the university will follow the process outlined in the student conduct standard operating procedures, referenced below.  If it relates to other forms of Prohibited Discrimination, Harassment or Retaliation against a Student, the University will follow the process outlined in the Student Conduct Code or the standard operation procedures, as applicable.

 

  1. Against an Employee or Campus Community Member: If the underlying action involves Prohibited Discrimination, Harassment, Sexual Harassment or Retaliation against an Employee or Campus Community Member, meaning that the Employee or Campus Community Member is the alleged bad actor, the university will generally follow: (1) The discrimination complaint process for complaints made by Employees and Campus Community Members; or (2) The Student discrimination complaint process for complaints made by Students.  Both of these processes are referenced below. 

 

 

VII. Interim Measures

 

Regardless of whether an investigation or university process is initiated, the university will provide interim measures as appropriate, which for Students may include academic accommodations, housing accommodations, workplace or transportation accommodations, reasonable protective measures, health and counseling services, financial aid, visa and immigration assistance, safety planning, legal support options and information regarding other on and off-campus resources and for employees may include change of employment conditions, information and assistance regarding employee resources and other reasonable measures.  In deciding which interim measures to implement, the university will attempt to mitigate the impact on affected parties, while also balancing the rights of the alleged wrongdoer. 

 

VIII. Confidentiality

 

To the extent possible, the university will protect the confidentiality of Responsible Employees, complainants, witnesses and accused parties and, if information is disclosed, will disclose it on a need to know basis.  However, it is important to understand that: (1) in order to investigate the matter and provide the other party with notice of the underlying allegations and an opportunity to respond, the university may need to reveal the identity of the complaining party, the Responsible Employee and relevant witnesses; and (2) Employees and Students have rights under federal or state law or pursuant to applicable bargaining agreements to review and inspect records relating to an investigation.  That being said, for purposes of public records requests and to the extent allowed by law, the university will treat all materials submitted during an investigation relating to a report or a complaint of Prohibited Discrimination as submitted in confidence, unless otherwise noted. 

 

IX. Free Expression and Academic Freedom

 

In all its actions, the university will respect the rights of freedom of expression and academic expression, as set forth in university policies and applicable bargaining agreements.

 

X.  External Complaints

 

The university encourages all individuals with a pertinent complaint to follow the process in this policy.  However, individuals may always choose to make a discrimination complaint directly with outside agencies or law enforcement, including, but not limited to, the Office for Civil Rights of the U.S. Department of Education and the U.S. Equal Employment Opportunity Commission, the Educational Opportunities Section of the Civil Rights Division of the U.S. Department of Justice. Contact information for these agencies can be found on AAEO’s website.
 

XI. Corrective Action

 

If the university finds that an Employee, Student or Campus Community Member has engaged in Prohibited Discrimination, it will take immediate and appropriate corrective action.  This means that Employees who have engaged in Prohibited Discrimination or Retaliation may face discipline up to and including termination.  Students who have engaged in Prohibited discrimination may face sanctions up to and including suspension or expulsion. Individuals who make bad-faith complaints may be subject to disciplinary action, student conduct code violations or other appropriate corrective action.  Responsible employees who fail to report as required by this policy may be subject to discipline, which may include a letter of reprimand or other appropriate corrective measures.  Campus Community Members who violate this policy may be trespassed from campus and may otherwise lose their right to use university property and/or to participate in university-sponsored programs and activities.

 

XII. Differential Treatment Required or Allowed by Law

 

Neither this policy or any other UO policy, including but not limited to UO policy 580-15, shall be interpreted as preventing UO from complying with laws that require preferential treatment - like Oregon’s Veterans Preference laws – or from engaging in Constitutional admissions practices designed to achieve diversity goals.  

Chapter/Volume: 
  • Volume V: Human Resources
  • Chapter 11: Human resources, other
Responsible Office: 

For questions about this policy, please contact the Office of Affirmative Action and Equal Opportunity (541-346-3123) or the Title IX Coordinator (541-346-8136).

Original Source: 
UO Policy (New)

Firearms

Policy Number: 
IV.05.05
Reason for Policy: 

Oregon Revised Statute 352.113 grants the Board of Trustees of the University of Oregon (the “Board”) broad authority over the institution’s property.

 

Additionally, ORS 352.029 states the Board “manages the affairs of the university by exercising and carrying out all of the powers, rights and duties that are expressly conferred upon the governing board by law, or that are implied by law or are incident to such powers, rights and duties.”

 

Pursuant to this authority to manage its affairs and control its property—and in recognition of its obligation to provide a safe environment to its students, employees, visitors, vendors, and patrons—the University of Oregon (“University”) promulgates the following internal policy governing firearms for the University.

Entities Affected by this Policy: 

Entire campus community, including students, faculty, staff and visitors.

Enactment & Revision History: 

Technical revisions made by the University Secretary on May 9, 2016.

Became a UO policy by operation of law on July 1, 2014.

Approved by the State Board of Higher Education March 2, 2012.

Policy: 

PRINCIPLES/GUIDELINES/PROCEDURES

  1. Control by University of its Premises Regarding Students, Employees, Contractors, Event Attendees, and Users of University-Owned or Controlled Property

Subject to the exceptions stated in paragraph (C) below, the following persons are prohibited, at all times, from possessing a firearm on University-owned or controlled property, whether or not that person possesses a concealed handgun license:

  1. Any person with student status, including, but not limited to full-time, part-time, non-admitted, or any person auditing a course at the University;
  2. Any person employed by the University;
  3. Any person, whether individually or as an agent of an entity, with whom the University has a business relationship, including, but not limited to independent contractors or vendors under contract with the University. The University, as appropriate, is encouraged to include a contractual clause identifying this obligation in all of its contracts, but this obligation is binding whether or not such a clause is included. Exceptions may be made when the possession of a firearm is required for the discharge of the duties under the contract or business relationship. Examples include, but are not limited to armored car service to ATM machines within the campus boundary;
  4. Any person attending an event, including but not limited to athletic events, performances, lectures or speeches, which require a ticket for admission. The University is encouraged to include a contractual clause identifying this obligation on all of its tickets, which function as licenses to attend an event on University-owned or controlled property, but this policy is effective regardless of the existence of such clauses; and
  5. Any person leasing, renting, or reserving University-owned or controlled property. The University is encouraged to include a contractual clause identifying this obligation in all contracts with such persons, but this policy is effective regardless of the existence of such clauses.
  1. Control by the University of its Premises Regarding Others

Subject to the exceptions stated in paragraph (C) below, no person may possess a firearm on or in the following places on University-owned or controlled property, whether or not that person possesses a concealed handgun license:

  1. University buildings or buildings owned or controlled by the University; and
  2. University sports or performance venues or sports or performance venues owned or controlled by the University; and,
  3. University institution work places or work places owned or controlled by the University.
  1. Exceptions

The University authorizes the following exceptions to its Policy on Firearms:

  1. Possession by on-duty law enforcement officers licensed with the Oregon Department of Public Safety Standards and Training or equivalent state or federal authority authorized to license the possession of firearms by law enforcement officers;
  2. Possession by any person participating in an institutionally-recognized or sanctioned U.S. military program, including, but not limited to Reserve Officer Training Corps (ROTC), provided that safety protocols established by such program for the possession and secure storage of firearms have been approved by such program and are followed;
  3. Possession by residents within a family housing dwelling or any other living arrangement governed by Oregon landlord-tenant law. Residence halls and other living arrangements not governed by Oregon landlord-tenant law are expressly excluded from this exception. Possession of firearms by such residents outside the dwelling is subject to the restrictions of this policy; and
  4. Possession by persons in compliance with any institution policy that provides for the transportation and/or safe and secure storage of unloaded firearms in order for a student or employee to have access to a firearm for hunting or target shooting, or for academic research, so long as the policy:
  1. minimizes the presence of the firearms on University-owned or controlled property; and,
  2. restricts the presence of firearms on University-owned or controlled property in such cases to those instances in which the person wishing to possess the firearm on University-owned or controlled property demonstrates a need, as reasonably required by the institution, to possess or transport the firearm on or across University-owned or controlled property for such hunting or target shooting or academic research; and,
  3. requires that such firearms be unloaded except in connection with an institution-sanctioned target-shooting event.
  1. Possession by persons engaged in public safety or campus police training, where authorized.
  2. The president of the University is authorized to make a temporary exception to this policy on the showing of good cause or necessity.
  1. Review
  1. This policy will be reviewed from time-to-time, but no less than once a biennium, for amendment or revision.
Chapter/Volume: 
  • Volume IV: Finance, Administration and Infrastructure
  • Chapter 5: Public Safety and Risk Services
Responsible Office: 

For questions about this policy, please contact the Office of the Vice President for Finance and Administration: (541) 346-3003, vpfa@uoregon.edu

Facilities and Operations, Closure Of

Policy Number: 
IV.07.02
Reason for Policy: 

To provide standards and  procedures for determining when conditions of weather, emergency, or other special circumstances raise questions about the practicality, desirability or need to close down University operations, i.e., classroom instruction, office operations, physical plant operations or any subsection of the University.

Entities Affected by this Policy: 

All members of the University of Oregon community.

Enactment & Revision History: 

04/25/2016 Revisions approved by President Schill; policy renumbered from 04.00.03 to IV.07.02

02/08/2010 Policy number revised from 4.000 to 04.00.03

03/06/1984 Approved by President's Staff and Issued by Vice President for Administration 04/23/1982 Originally promulgated

Policy: 

The University of Oregon may change its operating status during and surrounding periods of inclement weather or emergencies. When inclement weather occurs, geographic location and elevation can vary conditions significantly. The University of Oregon makes decisions based on its campus conditions, which may not be the same decision by nearby school districts, colleges or universities.

The President of the University designates the Vice-President for Finance and Administration as the administrative officer responsible for the decision about delayed opening or closure and implementation of this policy.

If a change in operating status is warranted, the Vice President for Finance & Administration has three options: a delayed opening, early closure, or a full closure.

Academic and administrative units shall abide by any decision made by central administration regarding operating status. If a unit cannot safely maintain operations, the Dean or Director can choose to open later than the campus wide opening, close earlier than the campus wide closing, or fully close instead of delayed opening or closing early. Deans and Directors are responsible for communicating their status to their own employees. This deviation from the campus wide status must be communicated to the Incident Management Team (IMT).

In the case of inclement weather, the following services and resources are considered essential:

  • Campus Planning and Facilities Management
  • Central Power Station
  • Safety and Risk Services
  • Housing and Dining Services
  • Information Services
  • Research (e.g. Animal care facilities) 
  • UO Police Department
  • Incident Management Team

When it is possible to maintain safe operations, the following campus services will open and provide as many services as possible for the student population: Erb Memorial Union and Student Recreation Center. 

DEFINITIONS

Delayed Opening:  A university operating status based upon inclement weather or other emergency that cancels classes and events, and suspends all non- essential administrative and academic activities at the Eugene campus in the morning hours of normal operations.  

Early Closure:  A university operating status based upon inclement weather or other emergency that cancels classes and events, and suspends all non- essential administrative and academic activities at the Eugene campus in the afternoon and/or evening hours of normal operations. 

Full Closure:  A university operating status based on inclement weather or other emergency that cancels all classes and events and closes all university offices and departments, except select emergency and essential services.

Essential Services and Resources: Services and resources necessary to maintain health and safety and residential and research support functions on campus.  Departments and units with designated essential services and resources are responsible for developing their own protocol and procedures for maintaining their essential functions.

Essential Employee: University employee whose duties are required to provide essential services and resources.

RESPONSIBILITIES

Vice President for Finance & Administration (VPFA): Makes final decision regarding the operating status of the university and when to resume normal operations. The VPFA has the responsibility to evaluate extenuating circumstances and scheduled programming with input from the Incident Management Team for services and resources considered essential to fulfill operational needs.

UO-Incident Management Team (IMT): Provides the command and control infrastructure that is required to manage the logistical, fiscal, planning, operational, safety and campus issues related to any and all incidents/emergencies. The IMT monitors the situation and advises the Vice President for Finance & Administration when a decision regarding a change to the operating status is advisable.

Deans and Directors: Within the unit for which they have responsibility, maintain the same operating status that has been declared by the university. When a change in operating status has been declared, maintain a schedule within the unit that is consistent with this policy.

SPECIAL SITUATIONS

Supervisors and faculty should be reasonably understanding and flexible regarding a student’s or staff member's individual needs during inclement weather or an emergency, especially if the student or employee has a long commute to and from campus. A student, faculty or staff member who believes that it is unsafe to travel, or who is faced with unexpected family care responsibilities (such as those created by local school closings), should use his or her judgment and remain at home if that is the most prudent action.
 

Chapter/Volume: 
  • Volume IV: Finance, Administration and Infrastructure
  • Chapter 7: Property, facilities and planning; sustainability
Responsible Office: 

For questions about this policy, please contact Safety and Risk Services, entriskserv@uoregon.edu or 541-346-2021.

Posthumous Degrees, Conferral Of

Policy Number: 
II.01.50
Reason for Policy: 

To establish the policy governing conferral of posthumous degrees for University of Oregon students.

Entities Affected by this Policy: 

University employees and students.

Enactment & Revision History: 

Revisions approved by President Schill on 04/25/2016

07/15/2013 Approved by UO President Michael Gottfredson

01/17/2013 Policy Revised by Vice President for Student Affairs in consultation with the Associate Dean of the Graduate School, Senior Assistant to the President, Vice Provost of Academic Affairs and the University Registrar

02/08/2010 Policy number revised from 2.000 to 02.99.02

Reissued by The President following review/approval by the policy council and university assembly (06/03/1992)
02/10/1971 Originally Implemented

Policy: 

Upon learning that a student has died, the Vice President for Student Life, with appropriate consultation from Academic Affairs, will confer with the University Registrar, and, if applicable, the Dean of the Graduate School or Dean of the School of Law, to determine if the student is eligible for a posthumous degree. If the student possessed the necessary academic credentials at the time of death, and if the family wishes, the Vice President for Student Life shall recommend that the University President authorize the posthumous issuance of the degree.

To receive a posthumous degree, at the time of death, the University Registrar must confirm that a student was (a) officially enrolled or (b) actively pursuing degree completion and within two terms of degree completion, that is, the current term and one additional term/semester.

If the student meets the above criteria, the University Registrar shall consult with the student’s major department(s), and the dean of the Graduate School or Law School when appropriate, to evaluate the student’s academic record to determine if satisfactory completion of current course and/or completion of one additional term/semester would have satisfied all major course requirements as stipulated by the department(s).  If a thesis or dissertation would have been required for graduation, the dean of the Graduate School or Law School shall consult with the chair and members of the thesis or dissertation committee to determine whether the student could have completed and defended the thesis or dissertation during the current or subsequent term or semester. 

The relevant dean(s) and department chair(s)/head(s) shall be notified of a final determination.

Exclusions and Special Situations: Exceptions to the policy will be made by the University President based on a recommendation by the Provost.

Chapter/Volume: 
  • Volume II: Academics, Instruction and Research
  • Chapter 1: Curriculum and instruction
Responsible Office: 

For questions about this policy, please contact the Office of Student Life (541) 346-3216 or the office of the University Registrar (541) 346-2935.

Athletic Department Substance Use and Drug Testing

Policy Number: 
III.07.01
Reason for Policy: 

This policy outlines various requirements and protocols for student-athletes to help ensure a safe, fair, and drug-free environment for student-athletes.

Entities Affected by this Policy: 

All student-athletes; Department of Intercollegiate Athletics; all UO employees who deal with these matters.

Enactment & Revision History: 

Technical revisions enacted by the University Secretary on September 4, 2015.

Became a University of Oregon Policy by operation of law on July 1, 2014.

Former Oregon Administrative Rule Chapter 571 Division 4 Sections 0020 through 0055.

Policy: 

(1) The University of Oregon has a compelling interest in prohibiting and deterring drug use by student-athletes. The University educates its student-athletes about the detrimental effects of drug use on health, safety, academic work, and careers. The University must abide by National Collegiate Athletic Association (NCAA) rules. Because student-athletes are viewed as University representatives, the University has an interest in promoting drug-free and healthful lifestyles to the community through its athletic program. The University must minimize the risk of injury caused by student-athlete drug use in intercollegiate athletics. The University must be able identify present or potential substance use and provide treatment and rehabilitation for its student-athletes. The University seeks to maintain a fair and drug-free sport, in which no student-athlete uses or feels pressured to use performance enhancing drugs or any other illegal substance.

(2) The University and its Department of Intercollegiate Athletics (Department) condemn and prohibit illegal drug and illegal alcohol use; the abuse of alcohol, drugs and other substances; and the use of performance-enhancing drugs by student-athletes.

(3) The program set forth in this policy includes random testing and testing based on reasonable suspicion, educational programs, substance abuse evaluation, treatment and disciplinary measures.

(4) Illicit Substances and Performance Enhancing Drugs are prohibited under this policy.

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

(b) A Performance Enhancing Drug is one that gives a student-athlete an unfair advantage. The use of a Performance Enhancing Drug is a form of cheating. The use of such a drug also poses significant health and safety risks for the student-athlete and those in competition with the student-athlete. A current list of Performance Enhancing Drugs will be provided to each student-athlete before the start of the playing season or when the name of the student-athlete is first entered upon the team roster, whichever is later. The term "related compounds" means substances that are included in the class by their pharmacological action or chemical structure. No substance belonging to the prohibited class may be used, regardless of whether it is specifically listed.

(5) The Department has instituted a program of administrative drug testing by urinalysis or the analysis of a saliva sample for student-athletes engaged in intercollegiate athletics. The testing process may be initiated on the basis of individualized reasonable suspicion, pursuant to the random administrative testing protocols outlined in this policy, or on the basis of failing a laboratory-generated specimen-integrity test in the course of a previous test under this policy. A coach or administrator should communicate to the director of athletic medicine circumstances that give rise to an individualized reasonable suspicion. The circumstances giving rise to reasonable suspicion and the source thereof shall be recorded in writing by the director of athletic medicine who shall be the only person to authorize and initiate the drug testing process. This record shall be deemed a confidential record to the extent permitted by law and shall be kept in a secure place separate from and not a part of the student-athlete's educational or medical records.

(6) "Reasonable suspicion" shall not mean a mere "hunch" or "intuition." It shall instead be based upon a specific event or occurrence which has led to the belief that a student-athlete has used any drugs which are specified in Section A(4) and which could have or could have had an effect during a period of organized practice, conditioning, or competition or during a period of counseling for substance abuse or, in the case of steroids, during any period of pre-season conditioning or weight training.

(a) Such belief may be engendered by, among other things, direct observation by coaches, trainers, the director of athletic medicine, or other appropriate personnel of physical or mental deficiency, medically indicated symptomology of tested-for drug use, aberrant or otherwise patently suspicious conduct, or of unexplained absenteeism.

(b) Such belief may also be engendered by, among other things, information supplied by reliable third parties, including but not limited to law enforcement officials, if the information is corroborated by objective facts, including but not limited to equivocal, contradictory, or unlikely and unsubstantiated explanation by the individual about whom the report is made or information which under the circumstances is credible based on specific articulable facts. Should information be proffered by law enforcement, prosecutorial or probation department officials, the University will use and act upon such information only if it obtains a written agreement that results of a potential test will not be used to prosecute or revoke parole for the use or ingestion of the drug disclosed by the test.

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

(d) Such belief may also be engendered by a previous positive test under these procedures within the preceding twelve months.

(7) Random drug testing. Each student-athlete is subject to unannounced random drug testing throughout the entire calendar year. A student-athlete will be selected for testing using a random number system. Little or no notice may be given for a forthcoming test.

B. Testing Method

(1) The standard method adopted by the Department for testing for drug use shall be through independent laboratory analysis of urine or saliva samples provided by the student-athlete. Urine specimens shall be collected in the proximity of a trained monitor of the same sex who is assigned for that purpose by the Department. Each sample will be collected as a split specimen, such that each tested student will have a sample A bottle and a sample B bottle of the specimen for testing.

(2) Results of the test shall be available only to the student-athlete, the head coach in the athlete's sport, the athletic director, the director of athletic medicine and to others who have a legitimate educational, health or medical reason. This record shall be deemed a confidential record to the extent permitted by law and shall be kept in a secure place separate from and not a part of the student-athlete's educational or medical records. Should any challenge to the test results, consequences of the test, or the test procedures be raised in relation to a particular student-athlete, other appropriate University officials may have access to the information in order to carry out their responsibilities in relation to the challenge. A record indicating that a student-athlete was tested and the basis for the decision to conduct the test shall be retained in the student-athlete’s medical file.

(3) Each student-athlete shall be provided with a copy of this policy describing the Athletic Department Substance Use and Drug Testing program before the start of the playing season or when the name of the student-athlete is first entered upon the team roster, whichever is later.

(4) The substances for which the student-athlete will be tested are any Illicit Substances or Performance Enhancing Drugs and their related compounds and derivative compounds.

(5) The student-athlete need not be given prior notice that a urine or saliva sample will be collected. A student-athlete who refuses to provide, including by failure to appear for a test, or impermissibly alters a sample during the testing process shall be deemed to be in violation of this policy and shall be subject to sanction under this policy as if the test was positive. If a legitimate medical condition prevents the production of a urine sample, a saliva sample may be taken with a urine test performed the following day.

(6) Sample B Testing

(a) Any student-athlete whose sample A results in a positive test may request testing of sample B.

(b) The student-athlete must request the sample B testing within 72 hours of being notified that sample A test was positive. The request must be submitted in writing by the student-athlete to the director of athletic medicine. If requested, the director of athletic medicine will authorize the provision of the sample B bottle to an approved laboratory for testing. The Department may initiate temporary sanctions and corrective measures while awaiting results of the sample B test.

C. Testing Protocol

The Department shall follow protocols required by the testing laboratory and the National Collegiate Athletic Association for testing student-athletes that respect the student-athlete’s reasonable expectation of privacy, minimize the chances of accidental error or cheating, and preserve the appropriate chain of custody and integrity of urine or saliva samples. A copy of the protocol shall be provided to each student-athlete along with a copy of this policy describing the Athletic Department Substance Use and Drug Testing program.

D. Safe Harbor and Self-Reporting

(1) Any student-athlete may seek evaluation or counseling by contacting a coach, athletic trainer, director of athletic medicine or psychologist for the Department. The University will share this information only with persons who have a need to know, except to the extent that further disclosure is required by law. No Department sanctions will be imposed upon a student-athlete who has sought evaluation or counseling under this section. The student-athlete will receive counseling and education about substance abuse and undergo a mandatory assessment by a clinical psychologist to discern the severity of the student-athlete’s substance use and other factors that may influence the student-athlete’s recovery as required by UO Policy 571.004.0020-55(F)(3)(a). The student-athlete may be required to attend additional sessions of counseling.

(2) A student-athlete may seek evaluation or counseling under this section one time without the student-athlete being deemed to have a positive test result if the student-athlete completes the program required by UO Policy 571.004.0020-55(F)(3)(a) or (F)(4)(a). Accordingly, if the student-athlete tests positive for an Illicit Substance or Performance Enhancing Drug after taking advantage of the remedies in this safe harbor provision, the student-athlete will start at the sanction level outlined in UO Policy 571.004.0020-55(F)(3)(a) or (F)(4)(a).

(3) This Policy may not be invoked after a student-athlete is notified of an impending drug test.

(4) A student-athlete invoking this policy may be temporarily medically ineligible during any period that he or she is deemed by the team physician unfit to continue participation safely.

(5) This policy does not prevent the NCAA from testing a student-athlete. A student-athlete remains subject to sanctions imposed by the NCAA in the event of a positive drug test.

E. Drug Education and Counseling Services

The Athletic Department shall provide a program of drug information and counseling referral for student-athletes.

F. Positive Test Results Sanctions

(1) The director of athletic medicine, the athletic director, the head coach, and other appropriate personnel shall review a positive test result and shall, bearing in mind the type of drugs identified, the recency of use, and the medical, safety and performance-enhancing effects of the use, formulate an appropriate program for the student-athlete. Such program shall include abstention from further use and periodic retesting and may include counseling, reduced playing time, and withdrawal from drills, scrimmages, or competitions. The program shall also describe potential sanctions for repeated use or abuse of substances for which tests are conducted. However, a student-athlete may be dismissed from the team and lose all athletic financial aid, beginning with the next academic term after a single positive test result.

(2) Repeated positive tests, admissions, or other information that disclose continued use of Illicit Substances or Performance Enhancing Drugs may cause a student-athlete to be dismissed from the team and lose all athletic financial aid beginning with the next academic term. A student-athlete who refuses to provide a urine or saliva sample as part of the testing process, by failing to appear for a test or otherwise, shall be deemed to have provided information that discloses use of Illicit Substances or Performance Enhancing Drugs.

(3) Illicit Substances. If the student-athlete tests positive for the use of an Illicit Substance, the sanctions will be consistent with the sanctions listed in this subsection. These sanctions define the least severe sanctions that may be taken after each positive test. Notwithstanding the sanctions outlined in this subsection, if concluded to be appropriate, a student-athlete may be dismissed from the team and lose all athletic financial aid after a single positive test.

(a) First positive test. The student-athlete will receive counseling and education about substance abuse. The student-athlete will undergo a mandatory assessment by a clinical psychologist to discern the severity of the student-athlete’s substance use and other factors that may influence the student-athlete’s recovery. If concluded to be necessary, the student-athlete may be referred for additional sessions of counseling.

(b) Second positive test for the same or a different Illicit Substance. A formal behavior modification contract will be produced by the director of athletic medicine. The athletic director shall have discretion to approve the behavior modification contract or require that terms be added. Upon approval by the athletic director, the behavior modification contract shall be reviewed and signed by the head coach and the student-athlete. A copy of the behavior modification contract will be kept on file with the director of athletic medicine. The behavior modification contract will define the behaviors expected from the student-athlete and the consequences for noncompliance.

(c) Third positive test for the same or a different Illicit Substance. The student-athlete will be immediately ineligible for competition. The student-athlete will remain ineligible until he or she has missed the equivalent of 50% of a season.

(d) Forth positive test for the same or a different Illicit Substance. The student-athlete will be dismissed from the team and lose all athletic financial aid, beginning with the next academic term, to the extent permitted under NCAA rules.

(4) Performance Enhancing Drugs. If a student-athlete tests positive for the use of a Performance Enhancing Drug, the sanctions will be consistent with the sanctions listed in this subsection. These sanctions define the least severe sanctions that may be taken after each positive test. Notwithstanding the sanctions outlined in this subsection, if concluded to be appropriate, a student-athlete may be dismissed from the team and lose all athletic financial aid after a single positive test.

(a) First positive test. A student-athlete who tests positive for the use of a Performance Enhancing Drug is ineligible to represent the University in intercollegiate competition during the time period starting with the date of the positive drug test and ending one calendar year later. In addition, the director of athletic medicine will determine a management plan for the student-athlete which will include education or counseling. A first positive test result for a Performance Enhancing Drug is also deemed to be a first positive test for an Illicit Substance.

(b) Second positive test for the same or a different Performance Enhancing Drug. A student-athlete who tests positive for the use of the same or a different Performance Enhancing Drug shall be declared permanently ineligible for intercollegiate competition. The student shall be immediately and permanently dismissed from the team and all athletic financial aid shall be terminated beginning with the next academic term, to the extent permitted under NCAA rules.

(5) Failure of a student-athlete to comply with a treatment plan, management plan or behavior modification contract mandated under this policy may result in immediate suspension from all practices, games and Department functions until the director of athletic medicine determines sustained compliance with the treatment plan, management plan or behavior modification contract. If the director of athletic medicine determines that the student-athlete is not in compliance after one competitive season for the sport, the student-athlete will be immediately dismissed from the team and all athletic financial aid shall be terminated beginning with the next academic term, to the extent permitted under NCAA rules.

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

(7) A student-athlete who loses athletic financial aid under this policy may appeal that decision under the established procedures regarding non-renewal of financial aid.

G. Records Security

(1) The purpose of the administrative testing program established by this policy does not include enforcement of the criminal laws or the Student Conduct Code.

(2) The University in conducting the testing program is not acting in aid of, or as an agent for, law enforcement officials, nor are those administering the tests acting as, for, or on behalf of the Division of Student Affairs. The Student Conduct Code applies to drug or substance use by a student-athlete only under the same circumstances as other students.

(3) Test results are part of a student's educational and medical records protected from disclosure under state and federal law. However, records may be subject to disclosure pursuant to a lawfully issued subpoena or court order. In such an instance, the University will take reasonable steps to notify the record-subject in advance of compliance with any such subpoena or order. The University or the record-subject may move the court or agency to quash any portion of the subpoena which pertains to drug testing records or to withdraw or narrow any such court order.

Chapter/Volume: 
  • Volume III: Administration of Student Affairs
  • Chapter 7: Intercollegiate athletics
Responsible Office: 

For questions about this policy, please contact Intercollegiate Athletics at 541-346-4481.

 

Customer Information Security Program

Policy Number: 
IV.06.06
Reason for Policy: 

Summarizes the University of Oregon's comprehensive written information security program (the "Program") mandated by the Federal Trade Commission's Safeguards Rule and the Gramm-Leach-Bliley Act (GLBA). In particular, this document describes the Program elements pursuant to which the Institution intends to (i) ensure the security and confidentiality of covered records, (ii) protect against any anticipated threats or hazards to the security of such records, and (iii) protect against the unauthorized access or use of such records or information in ways that could result in substantial harm or inconvenience to customers. The Program incorporates procedures enumerated below and is in addition to any institutional policies and procedures that may be required pursuant to other federal and state laws and regulations, including, without limitation, FERPA.

Entities Affected by this Policy: 

University community

Enactment & Revision History: 

03/30/16: Technical revisions made by the University Secretary and policy number revised from 01.00.12 to IV.06.06

02/08/2010  Policy number revised from 3.100 to 01.00.12

11/2003 Reviewed and Recommended by President Dave Frohnmayer
 

Policy: 

Designation of Representatives: The Vice President for Student Affairs will designate a Program Officer who shall be responsible for coordinating and overseeing the Program. The Program Officer may designate other representatives of the Institution to oversee and coordinate particular elements of the Program. Any questions regarding the implementation of the Program or the interpretation of this document should be directed to the Program Officer or his or her designees.

Scope of Program: The Program applies to any record containing nonpublic financial information about a student whether in paper, electronic or other form, that is handled or maintained by or on behalf of the Institution or its affiliates. For these purposes, the term nonpublic financial information shall mean any information (i) a student provides in order to obtain a financial service from the Institution, (ii) about a student resulting from any transaction with the Institution involving a financial service, or (iii) otherwise obtained about a student in connection with providing a financial service to that person.

Policy: The Program Officer will oversee and coordinate a comprehensive written information security program as mandated by the Federal Trade commission's Safeguards Rule and the Gramm-Leach-Bliley Act.

Elements of the Program:

1. Risk Identification and Assessment. The Institution intends, as part of the Program, to undertake to identify and assess external and internal risks to the security, confidentiality, and integrity of nonpublic financial information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of such information. In implementing the Program, the Program Officer will establish procedures for identifying and assessing such risks in each relevant area of the Institution's operations, including:

  • Employee training and management. The Program Officer will coordinate with institutional representatives to evaluate the effectiveness of the Institution's procedures and practices relating to access to and use of student records, including financial aid information. This evaluation will include assessing the effectiveness of the Institution's current policies and procedures in this area, including, 05.00.04, Student Records Policy and UO Policy 571.020, (Student Records.
  • Information Systems and Information Processing and Disposal. The Program Officer will coordinate with representatives of the Computing Center to assess the risks to nonpublic financial information associated with the Institution's information systems, including network and software design, information processing, and the storage, transmission and disposal of nonpublic financial information. This evaluation will include assessing the Institution's current Acceptable Use Policy, Records Retention Policy and procedures for Confidential Document Destruction. The Program Officer will also coordinate with the Computing Center to assess procedures for monitoring potential information security threats associated with software systems and for updating such systems by, among other things, implementing patches or other software fixes designed to deal with known security flaws.
  • Detecting, Preventing and Responding to Attacks. The Program Officer will coordinate with the Computing Center to evaluate procedures for and methods of detecting, preventing and responding to attacks or other system failures and existing network access and security policies and procedures, as well as procedures for coordinating responses to network attacks and developing incident response teams and policies. In this regard, the Program Officer may elect to delegate to a representative of the Computing Center the responsibility for monitoring and participating in the dissemination of information related to the reporting of known security attacks and other threats to the integrity of networks utilized by the Institution.

2. Designing and Implementing Safeguards. The risk assessment and analysis described above shall apply to all methods of handling or disposing of nonpublic financial information, whether in electronic, paper or other form. The Program Officer in coordination with appropriate institutional representatives will, on a regular basis, evaluate safeguards to control the risks identified through such assessments and to regularly test or otherwise monitor the effectiveness of such safeguards. Such testing and monitoring may be accomplished through existing network monitoring and problem escalation procedures.

3. Overseeing Service Providers. The Program Officer shall coordinate with those responsible for the third party service procurement activities among relevant parties (e.g. the Business Affairs Office) and other affected departments to raise awareness of, and to institute methods for, selecting and retaining only those service providers that are capable of maintaining appropriate safeguards for nonpublic financial information of students. In addition, the Program Officer will work with the Office of the General Counsel to develop and incorporate standard, contractual protections applicable to third party service providers, which will require such providers to implement and maintain appropriate safeguards. Any deviation from these standard provisions will require the approval of the Office of the General Counsel. These standards shall apply to all existing and future contracts entered into with such third party service providers, provided that amendments to contracts entered into prior to June 24, 2002 are not required to be effective until May 2004.

4. Adjustments to Program. The Program Officer is responsible for evaluating and adjusting the Program on a periodic basis based on the risk identification and assessment activities undertaken pursuant to the Program, as well as any material changes to the Institution's operations or other circumstances that may have a material impact on the Program.

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

For questions about this policy, please contact the Chief Information Officer at 541-346-1702, cio@uoregon.edu.

Compensation

Reason for Policy: 

This policy addresses matters pertaining to compensation.

Entities Affected by this Policy: 

Employees at the UO

Enactment & Revision History: 

Technical revisions enacted by the University Secretary on September 2, 2015.

Became a University of Oregon Policy by operation of law on July 1, 2014 (former OAR 580.020.0010-0100).

Policy: 

A. Compensation Plan for Academic Staff

(1) Pursuant to state law, the principles of a compensation plan are established for the academic staff as set out below. Pay ranges shall be established for the various academic ranks with due consideration given to relative responsibilities of each rank, prevailing rates of pay in other universities, colleges, and elsewhere for similar responsibilities, availability of a competent professional staff, living costs and other pertinent information.

 

(2) Minimum and maximum rates and such intermediate rates considered necessary and equitable shall be established for the various academic ranks and positions, provided, however, that exceptions may be allowed as circumstances require. Normally the established minimum pay rate for a rank shall be paid upon appointment. It is permissible in the interest of the state to make an appointment above or below the minimum rate for the academic rank. Similarly, the salary of an individual may be above or below the prescribed normal maximum for the academic rank. Normally, academic staff members shall be paid at one of the rates set forth in the pay ranges, subject to availability of funds and the exception noted above.

 

(3) Salary increases are not automatic. Increases shall be recommended only for staff members demonstrating high standards of work performance. Increases shall normally be effective beginning with the fiscal year following completion of one year's service.

 

(4) Implementation and amendments to the plan shall be based on recommendation of the President after consultation with division heads.

 

B. Compensation Plan for Classified Staff

Compensation of classified employees including fringe benefits and other conditions and terms of employment shall be according to the rates and regulations in the state compensation plan, or by collective bargaining agreement, as appropriate.

 

C. Additional Pay to Full-Time Staff

The University and divisions are authorized to provide payment in addition to regular salaries when, at the request of the home institution or division or another Department institution or division, a staff member provides substantial service over and above the regular services expected.

 

D. Prerequisites

When employees receive perquisites, such as living quarters or meals, in addition to cash salary, proper notation thereof shall be made on the salary budget together with an explanation showing items allowed and the value thereof. Granting of perquisites to employees on a wage or salary basis requires the approval of the President or head of the division concerned at the beginning of each fiscal year.

 

E. Contribution to Pension Plan

The Board designates the contribution required of employees to a retirement plan to be an "employer contribution" as defined by 26 USC §414(h)(2). Employees may not receive this amount to make the contribution directly. Employees' gross salary will be reduced by the contributed amount prior to reporting for tax purposes.

 

F. OSSHE Tax Deferred Investment Program Participation Fee

The Chancellor, or designee, may enter into written agreements with faculty and staff employed by the State Board of Higher Education, and with one or more insurance companies and mutual funds, to provide tax deferred investment opportunities to faculty and staff as provided by ORS 243.810 – 243.830. The Chancellor, or designee, may, as a condition to entering into such agreements or continuing such agreements, require faculty and staff participants to pay annually an administrative fee for the costs of administrating the program. The administrative fee shall be based on an amount not to exceed the amount needed to administer the program.

 

G. Human Resources System

(1) The Vice President for Finance and Administration, or designee, shall develop, implement and maintain a human resources system for nonacademic employees to include:

(a) A job evaluation system for positions within the University;

(b) A plan for compensating employees consistent with the job evaluation system; and

(c) Policies for employees not covered by collective bargaining agreements relating to leave, lay-offs, terminations, grievances and other terms of employment.

 

(2) The University is responsible for evaluating jobs and allocating them according to the job evaluation system and assuring that employee compensation is in accordance with the compensation plan.

 

(3) The Vice President for Finance and Administration, or designee, shall engage in collective bargaining with any certified or recognized exclusive employee representative.

 

(4) The University shall develop, implement and maintain recruitment and selection methods designed to achieve a qualified and diverse workforce.

 

(5) Until the Vice President for Finance and Administration, or designee, and the University implement internal management directives or policies for job evaluation, compensation, recruitment, terms of employment and position management, the rules and procedures established by the Department of Administrative Services, under ORS Chapter 240 as they existed on the effective date of 1995 Oregon Laws, Chapter 612 (July 1, 1995), shall apply to the University.

                       

Chapter/Volume: 
Original Source: 
Oregon Administrative Rule

Definition of Unclassified Staff

Reason for Policy: 

This policy addresses matters pertaining to the definition of unclassified staff.

Entities Affected by this Policy: 

Unclassified personnel

Enactment & Revision History: 

Technical revisions enacted by the University Secretary on September 2, 2015.

Became a University of Oregon Policy by operation of law on July 1, 2014 (former OAR 580.020.0006).

Policy: 

Unclassified service includes positions that do not meet the criteria for academic faculty but which, based on professional job requirements and responsibilities:

 

(1) Are exempt from the provisions of the Public Employee Collective Bargaining Act (PECBA), ORS 243.650-243.782; however, not all positions in unclassified service are exempt from PECBA, or

 

(2) Share a community of interest with academic faculty, and

(a) Include academic research, public service, or instruction, or

(b) Exercise discretion in establishing policy, or

(c) Require education and training comparable to academic faculty, or

(d) Have administrative decision-making responsibilities beyond office clerical duties.

 

Examples of positions that may meet the criteria listed above include, but are not limited to:

(1) President, president's cabinet;

(2) Provost, vice provosts, associate vice provosts, and assistant vice provosts;

(3) Vice presidents and associate vice presidents;

(4) Deans and associate deans;

(5) Directors and associate directors of academic, administrative, and service units;

(6) Controllers and budget officers;

(7) Registrars and associate registrars;

(8) Legal counsel and attorneys;

(9) Athletic directors and associate athletic directors;

(10) Executive and other special assistants to each of the positions listed in numbers one through nine (above), providing that the executive or other special assistant positions otherwise meet the criteria for unclassified service (stated above);

(11) Assistant vice president, assistant deans, department heads/chairs, assistant directors, managers, and assistant registrars where positions require specialized/degree education and training;

(12) Librarians, archivists, and museum or collection curators where positions require specialized/degree education and training or where responsibilities include academic research or instruction but does not include positions having primarily clerical responsibilities;

(13) Advisors and counselors, including academic, financial aid, admissions, career, residential life, and athletic, where positions require specialized/degree education and training;

(14) Assistant athletic directors, athletic coaches, assistant athletic coaches, athletic trainers, assistant athletic trainers, and athletic eligibility and compliance officers where positions require specialized/degree education and training;

(15) Interpreters;

(16) Development and advancement officers where positions require specialized/ degree education and training;

(17) Physicians, psychologists, and clinical counselors where positions require specialized/degree education and training;

(18) General managers, directors, producers, and announcers of state radio and television service;

(19) Managers, directors and administrators of student affairs functions, where positions require specialized/degree education and training.

Chapter/Volume: 
Responsible Office: 

Academic Affairs: 541-346-3081

Original Source: 
Oregon Administrative Rule

Academic Classification and Rank

Policy Number: 
II.02.05
Reason for Policy: 

This policy describes the classifications, categories, and ranks of faculty positions at the University of Oregon. 

Entities Affected by this Policy: 

Faculty members with appointment at the University.

Enactment & Revision History: 

Revisions approved by President Michael Schill on June 9, 2016 (revisions approved by the University Senate on May 11, 2016).

Technical revisions enacted by the University Secretary on September 2, 2015.

Became a University of Oregon Policy by operation of law on July 1, 2014 (former OAR 580.020.00050. 

Policy: 

(1) The University shall assign each faculty member the classification, category, and rank that most closely reflect the duties described in his or her contract and job description.

(2) The following are the classifications that apply to faculty positions. A classification identifies the type of position.

a. TENURE-TRACK AND TENURED: A paid position wherein an individual is designated by the University in writing as eligible for tenure or has been granted tenure in writing by the Provost.

b. ACTING: A tenure-track paid position for individuals intended by the University to become tenure-track assistant professors but who have yet to complete the terminal degree.

c. CAREER:  A non-tenure track paid position that is ongoing.

d. VISITING:  A non-tenure track paid temporary appointment of limited duration (up to two years) for (1) an individual who holds a like, similar, or relevant appointment at another institution or (2) pursuant to norms of the specific discipline, an individual who has recently obtained a terminal degree and is seeking further professional experience prior to seeking a professorship.

e. PRO TEMPORE: A non-tenure track paid appointment that is intermittent or of limited duration.

f. POSTDOCTORAL SCHOLAR: A non-tenure track paid, mentored research, instructional, librarian, or combined position that is of limited duration for individuals who have earned a doctoral degree.

g. RETIRED: A non-tenure track paid appointment post-retirement. A faculty member is considered to be retired if he or she resigns or is terminated without cause from employment with the university or enters into a tenure reduction or relinquishment agreement and is:

  1. Eligible for unreduced or reduced benefits under the Public Employees Retirement System (for participants in PERS) or the Oregon Public Service Retirement Program (for participants in OPSRP);
  2. Eligible under Internal Revenue Service rules to withdraw funds from an account established under Optional Retirement Plan and meets the requirements for unreduced or reduced benefits under, depending on date of hire, PERS Tier 1 or 2 or the OPSRP. This classification includes post- retired or emeritus faculty.

(3) The following are the categories that apply to faculty positions. A category describes a rank or group of ranks:

a. PROFESSOR: This category can only be used in the Tenure Track or Tenured, Acting, Visiting, or Retired classifications. This category requires a paid appointment with duties in all three areas of independent research, scholarship, and/or creative inquiry; instruction; and service.

b. CLINICAL PROFESSOR: This category can only be used in the Visiting, Career, Pro Tem or Retired classifications. This category requires a non-tenure track paid appointment for individuals with primary duties in the area of clinical instruction or research.

c. PROFESSOR OF PRACTICE: This category can only be used in the Visiting, Career, Pro Tem, or Retired classifications. This category requires a non-tenure track paid appointment with primary duties in the area of research or instruction. This category is to be held by eminently qualified professionals who have had a major impact on fields and disciplines important to University of Oregon programs. A Professor of Practice will:

  • have a substantial basis of experience equal to a tenured professor (normally a minimum of 12 years) and a national/international reputation for excellence reflected in a record of significant accomplishments;
  • have a profile of accumulated professional accomplishments fully congruent with the rank of professor;
  • have a rich and extensive background in a field and discipline relevant to the school, college, or unit of appointment at the University of Oregon; and
  • serve as a liaison between the professional field and the University of Oregon.

d. INSTRUCTOR: This category can only be used in the Visiting, Career, Pro Tem or Retired classifications. This category requires a non-tenure track paid appointment with primary duties in the area of undergraduate instruction. Instructor duties may include advising and mentoring responsibilities as well as possibility of involvement in design and development of courses and the curriculum.

e. LECTURER: This category can only be used in the Visiting, Career, Pro Tem or Retired classifications. This category requires a non-tenure track paid appointment with primary duties in the area of graduate instruction and education. The duties may also include some undergraduate instruction and mentoring and advising responsibilities, as well as the possibility of involvement in design and development of courses and the curriculum. Appointments in the Lecturer category require the terminal degree (or its professional equivalent) relevant to the appointment, but holding a terminal degree does not by itself entitle a faculty member to appointment in the Lecturer category.

f. LIBRARIAN: This category can only be used in the Visiting, Career, Pro Tem, or Retired classifications. This category requires a non-tenure track paid appointment with primary duties in the university libraries. Appointments in the Librarian category require a terminal professional degree, but holding a terminal degree does not by itself entitle a faculty member to appointment in the Librarian category. The university grandparents the use of the Professor rank and category for Librarians who hold that rank as of the date of this policy.

g. RESEARCH ASSISTANT: This category can only be used in the Visiting, Career, Pro Tem or Retired classifications. This category requires a non-tenure track paid appointment for individuals who have typically earned a bachelor’s or master’s degree. Primary duties are in the area of research. Research Assistants typically work as members of a research team under the direct supervision of other faculty researchers.

h. RESEARCH ASSOCIATE: This category can only be used in the Visiting, Career, Pro Tem or Retired classifications. This category requires a non-tenure track paid appointment for individuals who have the terminal degree relevant to the appointment. Primary duties are in the area of research, which are typically undertaken as part of a research team or lab. Appointments in the Research Associate category require a terminal degree (or its professional equivalent) in a relevant field, but holding a terminal degree does not by itself entitle a bargaining unit faculty member to appointment in the Research Associate category.

i. RESEARCH PROFESSOR: This category can only be used in the Visiting, Career, Pro Tem or Retired classifications. This category requires a non-tenure track paid appointment with duties primarily in the area of independent research, scholarship and/or creative inquiry. Appointments in the Research Professor category require a terminal degree relevant to the appointment. Primary duties are independent lines of inquiry, which can be related to the work of colleagues but not dependent on it. A Research Professor will have qualifications and research expectations equal to or exceeding those for a tenure-track/tenured professor at the same rank in related fields.

j. POSTDOCTORAL SCHOLAR: This category can only be used in the Postdoctoral Scholar classification. This category requires a non-tenure track paid appointment for a temporary and defined period of formally mentored research, instruction, librarianship, or scholarly training, for the purpose of allowing the Postdoctoral Scholar to acquire the professional skills needed to pursue a career path of his or her choosing. The appointment requires a doctoral degree. At the time of appointment, hiring documentation should include an articulated program of mentoring with an identified mentor.

(4) The following are the ranks within categories that apply to faculty members. Ranks define the level of promotion within a category.

a. PROFESSOR: Ranks in this category in ascending order are assistant professor, associate professor, and professor.

b. CLINICAL PROFESSOR: Ranks in this category in ascending order are assistant clinical professor, associate clinical professor, and clinical professor.

c. PROFESSOR OF PRACTICE: The only rank in this category is professor of practice.

d. INSTRUCTOR: Ranks in this category in ascending order are instructor, senior instructor I, senior instructor II.

e. LECTURER: Ranks in this category in ascending order are lecturer, senior lecturer I, senior lecturer II.

f. LIBRARIAN: Ranks in this category in ascending order are assistant librarian, associate librarian, and senior librarian.

g. RESEARCH ASSISTANT: Ranks in this category in ascending order are research assistant, senior research assistant I, senior research assistant II.

h. RESEARCH ASSOCIATE: Ranks in this category in ascending order are research associate, senior research associate I, senior research associate II.

i. RESEARCH PROFESSOR: Ranks in this category in ascending order are assistant research professor, associate research professor, and research professor.

j. POSTDOCTORAL SCHOLAR: The only rank in this category is Postdoctoral Scholar.

(5) At the time of hire, the University shall assign each faculty member a rank within the classification and category described in the job posting. Nothing shall preclude a faculty member from being assigned and performing other duties not described in his or her specific classification, category, or rank as long as those duties are consistent with his or her job description. Academic title can be assigned to staff members in unclassified academic service, whether the type of service is teaching, research, extension, administration or other service. Deans, vice presidents, and the President may have the academic rank of professor as determined by the University’s criteria.

(6) If the University non-renews a position in the Career classification for economic or programmatic reasons, then the position cannot be refilled in the Visiting, Pro Tem or Postdoctoral Scholar classification within the subsequent two years unless approved by the Provost or his or her designee.

(7) The duration of a position in the Pro Tem classification shall be no more than three years. If the University decides to continue a position in the Pro Tem classification for longer than three years, the position must be converted to a Career position. In rare cases, a department or unit may petition the Provost to continue a position in the Pro Tem classification for longer than three years for legitimate pedagogical or legitimate programmatic reasons. Permission to continue a position in the Pro Tem classification for longer than three years must be granted by the Provost or designee in writing.

(8) The duration of a position in the Postdoctoral Scholar classification shall be no more than three years. Postdoctoral mentors, however, may petition the Provost or designee for an extension of no more than two years. Permission to continue a position in the Postdoctoral Scholar classification for longer than three years must be granted by the Provost or designee in writing.

(9) Faculty members in the Career classification shall have the right to petition the Provost or designee to have their position recategorized if they believe that their position was categorized incorrectly at the time of first hire or their position has evolved to more closely resemble a different category. If a petition for recategorization is denied, a faculty member may petition again after completion of at least one additional year of service in the position.

(10) Faculty members in the Pro Tem or Visiting or Postdoctoral Scholar classification who believe that their positions should be positions in the Career classification may petition for reclassification after the completion of two years of appointment. Because the defining characteristic of the Pro Tem and Visiting and Postdoctoral Scholar classifications is their limited duration, the decision of the Provost or designee should be guided by the current and anticipated duration of the position.

(11) When a position is reclassified from a non-tenure track classification into the Tenure Track and Tenured classification, a new national search is always required to fill the position. For other classifications, a national search is permissible, but not required when the original search was national in scope and when the incumbent has had successful reviews.

(12) A reclassification or recategorization shall take effect at the beginning of the next fiscal year, contract renewal, or academic year, or other date as approved by the Provost or designee.

(13) A change in rank within a category requires a promotion.

Chapter/Volume: 
  • Volume II: Academics, Instruction and Research
  • Chapter 2: Appointments, promotion and tenure
Responsible Office: 

For questions about this policy, please contact the Office of the Provost and Academic Affairs at 541-346-3081

Original Source: 
UO Policy (New)

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