University of Oregon Policy Library

Unless otherwise prohibited by law, the University of Oregon (University or UO) may send official University communications to employees and students by e-mail to an account provisioned by the University with the full expectation that such e-mails will be read by the recipient in a timely fashion.

1. Assignment of E-mail Accounts

All UO students and employees are provisioned an account in the uoregon.edu domain, which is designated as their “UO e-mail account.” The UO e-mail may not be changed absent University approval. University communications that are sent by e-mail will be sent to UO e-mail accounts.

2. Responsibilities

Employees and students are expected to review messages received through their UO e-mail account on a frequent and consistent basis. Individuals must ensure that there is sufficient space in their accounts to allow for e-mail to be delivered. Communications may be time-critical. Individuals should use UO e-mail accounts for all University-related e-mail communications.

3. Use of Mass E-Mail

University mass e-mail is an e-mail message sent to any large campus audience (e.g. all students, all undergraduate students, all faculty, all staff, etc.). In this policy, mass e-mail does not include messages sent within a unit, department, school, college or similar subset of the university population. All mass e-mails shall follow the UO’s mass e-mail guidelines and procedures and be consistent with any applicable state and federal laws.

Mass e-mail is restricted to information that (i) pertains to the majority of the recipients, (ii) is critical or time sensitive, and (iii) meets one or more of the following standards:

• Alerts the campus community to situations about health and safety risks, as defined in the UO Crisis and Emergency Notification procedures;
• Provides information essential to the operation or execution of business;
• Notifies the campus community about changes in university governance, policy, and practice; or
• Communicates important information from the president, provost, or other member of university senior leadership as defined in the mass email guidelines and procedures.

4. Forwarding of E-mail

Individuals who choose to forward e-mail received on a UO e-mail account to a different e-mail address do so at their own risk. The University is not responsible for e-mail, including attachments, forwarded to any e-mail address.

5. Instructional Use of UO E-Mail Accounts

Faculty should use UO e-mail accounts for e-mail communication with students. The University’s course management system requires that faculty and students use their UO e-mail account to gain access to the system.

6. Departmental Servers

E-mail accounts with addresses such as hr.uoregon.edu or law.uoregon.edu do not qualify as a UO e-mail account for purposes of this policy. Employees and students who prefer to use such accounts must forward e-mail to them. Such accounts are subject to Section IV above.

7. Accessibility

E-mail sent by the University must use best practices for being accessible to message recipients. When creating an HTML mass e-mail message, senders must follow University guidelines and procedures.

The naming, or renaming, of a building, structure or external space is considered a major event in the history of the institution, requiring due consideration, appropriate due diligence, and consultation.

Under authority granted by Oregon Revised Statutes, Chapter 352, and Section 1.7.1 of UO Policy I.01.01 – Retention and Delegation of Authority – the Board of Trustees shall be the sole authority allowed to name any university building or outdoor area in recognition of an individual or organization.

The President of the University, by this policy, is authorized to name interior spaces (e.g. classrooms, atria, conference rooms, seminar rooms, lounges, etc.) in recognition of individuals or organizations.

1. NAMING IN RECOGNITION OF A GIFT:

• Buildings and structures may be named or renamed for a donor when a gift provides funding for not less than 50 percent of the portion of the cost which would not have been available from other sources (state or federal appropriations, student fees, bonds, etc.). Some exceptions may be granted.

2. NAMING FOR AN INDIVIDUAL NOT IN RECOGNITION OF A GIFT:

• Naming opportunities are generally reserved for donors. However an individual's name may be affixed to a building, part of a building, an interior space, or a landscape element in posthumous recognition of unusually meritorious service to the University or to society at large.
• Normally, a period of at least one year shall have elapsed between the individual's death and the proposal for naming.
• Exceptions to the requirement of posthumous recognition may be granted only upon approval by the Board of Trustees.

3. PROCEDURAL REQUIREMENTS

• Suggestions for naming any building, part of a building, interior space, or exterior space will be made through the Vice President for Advancement to the President. The vice president may receive recommendations from and shall consult with appropriate others (e.g. provost, dean, department chair, director).
• Suggestions for naming in recognition of unusually meritorious service should include a description of the activities and circumstances that warrant consideration as unusually meritorious. While "unusually meritorious service" could be operationalized in many different ways, for the purposes of this policy, unusually meritorious service is likely to describe remarkable activities, circumstances, and/or experiences of individuals that directly served to advance or provide inspiration in advancing the values and mission of the University.
• Pursuant to this policy, the President shall make a recommendation on naming a building or external space, or any space named after a living individual, to the Board of Trustees for its approval. The President may make a final decision on the posthumous naming of any internal space. On naming suggestions involving entire buildings or large open spaces, the President will consult formally in confidence with the Faculty Advisory Council. On naming of a smaller, or more local scale, the President may consult confidentially with any advisory groups that he or she feels is appropriate.

Printing and Mailing Services provide the university community with a fast and economical source for mailing materials off campus and for producing printed material using University facilities and outside contracts. Printing and Mailing Services also serves the University in maintaining graphic identity standard compliance.

All printing, copying and mailing for the University of Oregon (UO) will be performed by or purchased through Printing and Mailing Services. Printing and copying may be done on UO equipment when using Printing and Mailing Services is not practical (for example, general office printing and small batch duplicating).

University printing, copying, and mailing services are available to University departments and committees conducting University business and to registered or recognized student groups. University printing, copying and mailing services may not be used for any purpose other than University business or the activities of registered or recognized student groups.

Exceptions to this policy may be approved by the Vice President for Finance and Administration or his/her designee. University related groups that receive an exception are responsible for all contractual obligations.

• Provision of university funds for mobile technology must meet a general need of the university. The dean, director, department and/or other unit head are best-suited to determine if a specific employee or job classification requires the use of university-sponsored Mobile Technology in their areas, and to what extent. As such, the dean, director, department and/or other unit head have the authority to approve access to mobile technology and payment method. This determination should be reviewed annually and revised if needed. Possible criteria to consider may include (this list is not exclusive):
  • Travel: Employees who frequently travel or are out of the office and need to be in contact with employees, clients, managers, or other university associate.
  • Work Location: Employees who typically work in the field or at job sites where access to electronic and telecommunication devices is not readily available
  • Emergency Response: Employees who need to be contacted and/or respond in the event of an emergency or are required to be available during non-business hours
  • Critical Need: Employees who are required as part of their daily responsibilities to be accessible by electronic means when away from their regular work station.
• Final determination of whether other criteria may apply is the responsibility of the senior vice provost for academic affairs for academic personnel and the associate vice president for human resources for officers of administration and classified personnel.
• Responsibility for setting overall guidance regarding mobile technology and determining which payment options and tiers are available is delegated to the vice president responsible for that unit.

Procedures:

Determination of the need for mobile technology should be documented in writing and filed in the employee's personnel file.

The University will provide unrepresented faculty members (UFM) with leave upon the birth or adoption of a child as provided by the Family Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA). An OA or UFM who takes parental leave under FMLA or OFLA may take the first six work weeks of such leave with pay, in the following manner:

As part of the first six weeks of leave, the UFM must use any available short term disability insurance benefits, all accrued vacation leave and all but 80 hours of accrued sick leave. If the UFM does not have sufficient accrued disability insurance benefits and accrued paid leave to cover six weeks with full pay, the University will provide the UFM with the necessary amount of paid parental leave to allow the UFM to receive a total of six weeks paid parental leave. If both parents are UFMs of the University, both parents are entitled to this additional paid leave.

Each UFM may use accrued sick leave for his or her remaining six weeks of parental leave (for a total of 12 work weeks of leave). In the event that the UFM does not have sufficient accrued sick leave, he or she may borrow advanced sick leave for the remainder of the last six work weeks pursuant to current policy. Based on the timing of the birth or adoption, this paid leave may extend into a second term for a UFM.

To be eligible for the paid family leave benefit described in this Standard, a UFM must be in a Career NTTF or the Tenure-Track or Tenured Professor classifications.

Use of the benefits described in this Standard shall not adversely affect the UFM's standing or salary in any manner. A UFM who is employed in a Tenure-Track and Tenured position who experiences pregnancy, childbirth, or the adoption of a child and/or utilizes parental leave shall have the option of an additional probationary year before a tenure or promotional review.

This Standard supersedes all policies to the extent that this Standard conflicts, is inconsistent with, or differs from such policies.

All units are directed to comply with this Standard until further notice.

Pursuant to Sections 170 and 172 of Senate Bill 270 (2013) and other applicable law, this Standard is adopted and is effective July 1, 2014.

Officers of administration and unrepresented faculty of the University of Oregon who are using the tuition discount provided through Oregon’s public universities for the undergraduate education of a dependent child will be entitled to a second, concurrent tuition discount for a dependent child to attend undergraduate programs at the University of Oregon. The terms, conditions, eligibility requirements, and discount applicable to this additional tuition discount will be the same as the terms, conditions, eligibility requirements and discount available under the aforementioned tuition discount program.

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. University researchers must have autonomous freedom to conduct research and to publish and disseminate that research, limited only by the standards and methods of accountability established by their profession, their individual disciplines, and the principles of research integrity. Therefore, it is expected that research results will be published or otherwise disseminated on a nondiscriminatory basis and within a reasonable period of time.

Policy Statement:

Except as expressly provided below, University researchers may not conduct proprietary research where the freedom to publish the results of that research is limited, and the University of Oregon shall not accept any limitation on the freedom to publish research results from any research sponsor, including, but not limited to, restrictions that convey veto or censorship authority. 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. Research sponsor requirements shall not proscribe citation of the sponsor name in publications.

Only under the following scenarios may exceptions be granted regarding additional publication delays or for other publication restrictions.

Exceptions for Publication Delays

Reasonable publication delays exceeding ninety (90) days are only permitted when all of the following requirements are satisfied: (1) the University principal investigator agrees; (2) the time is necessary for filing or registering for intellectual property protection; (3) the VPRI signatory approves; and (4) the agreement to delay is not reasonably likely to result in the delay of the graduation of any students participating in research.

Exceptions for Any Other Publication Restrictions

Requests for any other reasonable publication restrictions are only permitted as follows:

1. Pre-approved classes of exceptions: University researchers may submit a written request to the OVPRI for an exception under one or more of the following pre-approved classes of exceptions. The OVPRI shall use a streamlined process to review these types of requests and ensure, prior to approval, that all proposed and future UO participants will agree in writing to comply with the proposed publication limitation. The following classes of exceptions will be eligible for this streamlined application and review process:
   1. Publication restrictions on cultural resources or cultural property, defined as any property of great importance to the cultural heritage of a people. For instance, tribal cultural resources may include land, tribal names, symbols, stories, medicines, and language.
   2. Publication control in a project managed by an academic, government, or non-profit organization with a clear mission to publish data and works authored by contributors to the project.
   3. Participation in bona fide standards bodies, defined as non-discriminatory, non-industry-controlled consortia or organizations focused on creating and disseminating standards. Standards are defined here as published documents that establish specifications and procedures to maximize the reliability of materials, products, methods, and/or services used by the public.
   4. Publication restrictions to protect human subjects or other personally identifiable information, or to protect endangered species.
   5. Publication restrictions for contributions to standardized tests or standardized assessments.

2. Other exception requests: For any other sponsor limitations on publication that do not fall within the pre-approved class of exceptions described in section A above, university researchers may submit a written request to the OVPRI for an other exception request.

University researchers submitting other exception requests will be required to provide a summary of the proposed research, the academic value of the research, the research’s potential benefit to the public despite publication restrictions, and assurances that the publication restrictions are not reasonably likely to result in the delay of the graduation of any students participating in research. These requests will be reviewed by the OVPRI to assess whether there are any regulatory concerns.

If the OVPRI review described above finds no concerns, a committee convened by the OVPRI that predominantly includes faculty representation shall review the exception request. The committee will review these requests to assess whether the proposed sponsor limitations on publication could compromise the University’s pursuit of its mission to serve public rather than private purposes. The committee makes a recommendation to the VPRI whether to grant the exception, grant the exception with conditions, or deny the exception. The VPRI or their designee makes the final decision to grant, grant with conditions, or deny the exception request.

The following guiding principles may be used by the Committee when reviewing these other exception requests:

• The proposed research, even considering the proposed publication restrictions, must have substantial benefit to the public.
• The proposed publication restrictions should not be expected to adversely affect the graduation ability of any involved University student researchers.
• The proposed publication restrictions should not effectively restrict a substantial area of intellectual inquiry for any other University researchers.
• If there are costs associated with complying with the proposed publication restrictions, the grant management unit must provide evidence of accepting responsibility for those additional costs and those costs must be congruent with allowable expenses and in compliance with terms and conditions of the award. The grant management unit must also provide evidence that they have the physical and technological facilities/capacities needed to ensure compliance.

I. Policy Statement

The university is committed to equal access to programs and activities, admission, course offerings, facilities, and employment for all of its: (1) students, (2) employees, and (3) university community members. It is the policy of the university to maintain an environment free of discrimination against any person because of their real or perceived “protected characteristic” including race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, pregnancy (including pregnancy-related conditions), age, physical or mental disability, genetic information (including family medical history), ancestry, familial status, citizenship, service in the uniformed services (as defined in federal and state law), veteran status, expunged juvenile record, and/or the use of leave protected by state or federal law.

Discrimination or harassment based on one or more of these protected characteristics violates the dignity of individuals, impedes the realization of the university’s educational mission, and will not be tolerated. 

It is the responsibility of every member of the university community to foster an environment free from discrimination, harassment, and retaliation. All students, employees, and other members of the university community are strongly encouraged to take reasonable and prudent actions to prevent or stop acts of discrimination, harassment, or retaliation. This may include directly intervening when safe to do so, enlisting the assistance of others, contacting law enforcement, or seeking assistance from a person in authority.

This Policy uses the term “respondent” to refer to the person alleged to have violated the policy; the term “complainant” to refer to the person who was subject to the respondent’s alleged misconduct; and “Chief Civil Rights Officer” to refer to the university’s Chief Civil Rights Officer & Title IX Coordinator.

II. Policy Jurisdiction

This Policy applies to all students, staff, faculty, university partners, and other individuals participating in or seeking to participate in, or benefit from, the university’s programs or activities, whether on or off campus, including education and employment.

For claims against students and student organizations, jurisdiction is defined by the Student Conduct Code.

For claims against employees, this Policy applies to conduct that: (1) occurs on campus or property owned or controlled by the university (university property), (2) occurs in the context of a university employment or educational program or activity, (3) uses university resources, such as workplace telephones, video conferencing technology, e-mail, or other means of electronic communication, or (4) creates a hostile environment for or causes substantial disruption to the university community or any of its members, or seriously threatens the health or safety of any person. The university will follow applicable collective bargaining agreements, policies and procedures in determining whether corrective action can be imposed for behavior that occurs during non-work hours.

For claims against third parties, such as contractors, visitors, alumni, and guests, the university will determine the appropriate manner of resolution, which may include without limitation referral to local law enforcement or to the school or employer of the third-party respondent, and/or restriction from access to campus or university programs or activities. The university’s ability to take disciplinary action against a third-party respondent is limited and will be determined by the nature of the misconduct and the university’s relationship to the third-party respondent.

III. Definitions of Discriminatory Misconduct

The university prohibits Discriminatory Misconduct, which is defined to include the following:

1. Discrimination: An adverse action taken against an individual or group on the basis of the individual’s or group’s protected characteristic(s). Discrimination takes two forms: disparate treatment and disparate impact. Disparate treatment occurs when the adverse action is motivated in whole or in part by the protected characteristic. Disparate impact occurs when a policy, requirement, or regularized practice, although neutral on its face, adversely impacts persons in a protected class and is not necessary to achieve an important university purpose. An adverse action includes actions that significantly change the terms and conditions of employment or actions that have a significant detrimental impact on a student’s education. 

2. Harassment:  Unwelcome verbal or physical conduct based on a protected characteristic that is sufficiently severe or pervasive that it substantially interferes with an individual’s employment, education or access to university programs, activities, or opportunities, and would have such an effect on a reasonable person who is similarly situated. Harassment may include, but is not limited to, verbal statements or nonverbal or physical conduct, graphic or written statements, threats, or slurs. Whether the alleged conduct unreasonably interferes depends on the totality of the particular circumstances, including the nature, frequency and duration of the conduct in question, the location and context in which it occurs, and the status of the individuals involved.

3. Sexual Harassment:  A specific form of Harassment involving unwelcome conduct of a sexual nature (such as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, 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 (quid pro quo);
   2. The conduct is sufficiently severe or pervasive that it has the effect, intended or unintended, of unreasonably interfering with an individual’s work or academic performance or it has created an intimidating, hostile or offensive environment and would have such an effect on a similarly-situated reasonable person. Whether the alleged conduct unreasonably interferes depends on the totality of the particular circumstances, including the nature, frequency, and duration of the conduct in question, the location and context in which it occurs, and the status of the individuals involved.

4. Sexual Misconduct:  Having or attempting to have sexual contact with another individual without affirmative consent. “Sexual contact” includes:
   1. Non-consensual penetration: Penetration by a person upon another person without affirmative consent. Penetration includes any vaginal or anal penetration by a penis, object, tongue, or finger, as well as any mouth-to-genital contact, no matter how slight the penetration or contact.
   2. Non-consensual sexual contact: Sexual contact, including but not limited to kissing, fondling, and/or contact with intimate body parts, without affirmative consent. The term “intimate body parts” includes, but is not limited to, breasts, buttocks, groin, genitals, or other body parts that under the circumstances a reasonable person would know that the other person regards to be an intimate body part. The following applies to contact with intimate body parts: contact must be intentional; contact may be either over or under the clothing; contact includes causing a person to touch an intimate body part of another person or causing a person to touch their own intimate body part; and contact also includes contact made with body fluids.

It is the responsibility of each person involved to ensure they have the affirmative consent of the other(s) to engage in each sexual contact. For the purposes of this definition, “affirmative consent” is a knowing, voluntary, and mutual decision among all participants to engage in sexual contact. It is the responsibility of each person involved to ensure they have the affirmative consent of the other(s) to engage in each sexual contact.

Consent can be communicated by words or actions, as long as those words or actions convey clear willingness to engage in the sexual contact. In determining the presence of affirmative consent, the university will consider the presence of any force, threat of force, or coercion; whether the complainant had the capacity to give consent; and, whether the communication (through words and/or actions) between the parties would be interpreted by a reasonable person under similar circumstances as a willingness to engage in a particular sexual act.

The following principles apply to the above definition of affirmative consent:

4. • The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, gender expression, or any other protected characteristic.
   • Affirmative consent cannot be obtained through physical force, threats, or coercion.
   • Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time.
   • Affirmative consent to any sexual act or prior consensual sexual activity does not necessarily constitute consent to any other sexual act.
   • A person cannot provide affirmative consent if they are below the legal age of 18, unless otherwise permitted by law.
   • Affirmative Consent cannot be inferred from silence, passivity, or lack of verbal or physical resistance.
   • An individual cannot provide affirmative consent if they are incapacitated. A person is incapacitated when they lack the ability to choose knowingly to participate in sexual activity, for example when they are unconscious, asleep, involuntarily restrained, physically helpless, under the influence of alcohol or other drugs, or otherwise unable to provide consent. A person who is incapacitated lacks the capacity to give affirmative consent because they cannot understand the “who, what, when, where, or how” of their sexual interactions. In evaluating consent in cases of alleged incapacitation, the university asks if the respondent knew or reasonably should have known the complainant was incapacitated. Voluntary intoxication does not absolve a person of responsibility for non-consensual sexual contact.
5. Stalking: Occurs when an individual engages in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for the person’s own safety or the safety of others, or (b) suffer substantial emotional distress. “Course of conduct” means two or more instances, including but not limited to unwelcome acts in which an individual directly, indirectly, or through third parties follows, monitors, observes, surveils, threatens, or communicates to or about an individual, or interferes with an individual’s property. “Substantial emotional distress” means significant mental suffering or anguish. Stalking includes the concept of cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used.

6. Dating Violence: Any act of violence committed by an individual 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 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, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of Domestic Violence.

7. Domestic Violence: Any act of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws in the state of Oregon, or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws in the state of Oregon.

8. Sexual Exploitation: Taking sexual advantage of another for one’s benefit, or to benefit or advantage anyone other than the one being exploited, by: (a) viewing, possessing, producing, or distributing child pornography; (b) non-consensual recording, disseminating, or copying of images, photography, video, or audio recording of sexual activity or nudity conducted in a private space; or (c) purposefully exposing another person to a sexually transmitted infection, or sexually transmitted disease, without their knowledge.

9. 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 includes (1) opposing a practice that is unlawful or that the individual reasonably believes is unlawful (2) filing a report, serving as a witness, assisting someone with a complaint, or participating in an investigation, proceeding or hearing pertaining to discrimination, harassment or other prohibited conduct (3) participating in the university’s reasonable accommodation processes.

IV. Academic Freedom and Free Speech

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

V.  Options for Reporting

This section discusses options for reporting Discriminatory Misconduct subject to this Policy.

1. Filing a Report

The university encourages all students, employees, and other members of the university community who believe they have experienced misconduct under this Policy to report the incident immediately to the university. Reports may be submitted to the university’s Chief Civil Rights Officer and Manager of Investigations via a web form or by phone or email. Please see related resources at the end of this Policy for contact/submission information. Reports may be submitted anonymously.

Identifying witnesses and providing as many details as possible in a report increases the university’s ability to respond and/or take corrective action.

2. Time Frame for Reporting

Individuals are encouraged to report Discriminatory Misconduct as soon as possible in order to maximize the university’s ability to respond promptly and effectively. Although the university does not limit the timeframe for reporting, the passage of time may impact or limit the university’s jurisdiction, the ability to impose discipline, and/or the ability to gather relevant evidence that may be lost due to the passage of time.

3. Reporting to Law Enforcement

A reporting party has the right to report, or decline to report, potential criminal conduct to law enforcement. Upon request, the university will assist a reporting party in contacting law enforcement at any time. Under limited circumstances where there is a threat to the health or safety of any university community member, the university may independently notify law enforcement. An individual may make a report to the university, to law enforcement, to neither, or to both.

The university’s resolution process and law enforcement investigations may be pursued simultaneously but will operate independently of one another. The university will, when appropriate, coordinate information with law enforcement if law enforcement is notified. The university, upon request, may also temporarily pause its investigation to allow preliminary fact-gathering by law enforcement. Under Oregon law, there are different time limits for prosecuting different crimes, and charges must be filed within the applicable statute of limitations for a given crime.

4. Confidential Resources 

The university also offers a number of confidential resources for individuals who are unsure whether to report misconduct or who seek counseling or other emotional support in addition to, or without, making a report to the university. A link to resources, including confidential resources is included at the end of this policy.

VI. Expectations of Employees When Notified of Discriminatory Misconduct

As a caring community, and to promote a compassionate campus community, the university expects all employees to do the following when responding to disclosures of Discriminatory Misconduct under this Policy:

• Listen to what the person wants to tell you before providing supportive resources, referrals, and information, including those resources listed at the end of this Policy;
• Inform the person of reporting options, including the option to report to the Office of Investigations and Civil Rights Compliance;
• Be sensitive to the needs of the person who allegedly experienced the conduct, without being judgmental, dismissive, condescending, discriminatory, or retaliatory; and
• At the outset of the conversation, if the person making the disclosure appears under 18, ask them if they are 18 years of age or older. If they are under 18, explain that all employees, except for confidential employees engaging in privileged communications, are required to report all disclosures of “abuse” as defined by state law (see ORS § 419B.005), including physical or sexual abuse, sexual exploitation, or a current threat of physical or sexual abuse of a minor, to the Department of Human Services or a law enforcement agency.

In addition to these general expectations, all employees are designated as either Confidential Employees, Designated Reporters, or Assisting Employees and have the additional obligations set forth below.  

1. 1. Confidential Employees 

The university has identified certain employee positions as Confidential Employees. Confidential Employees will not share information disclosed to them with others without the express permission of the person making the disclosure or as required or permitted by applicable law or professional codes of ethics (such as cases involving imminent risk of serious harm).

The following employees are Confidential Employees under this Policy, when acting in their confidential, professional role:

• All health care and mental health professionals working at the University of Oregon, including without limitation employees at University Health Services;
• Crisis Intervention and Sexual Violence Support Services staff;
• The University’s Ombudsperson and program staff (Note: The Ombudsperson does not have a legal privilege of confidentiality, but under their professional code of ethics the Ombudsperson must take steps to avoid, whenever possible, disclosure of confidential records and information);
• Employee and contract attorneys representing students in Student Conduct processes;

• Other employees who have a professional commitment and/or legal privilege that may enable them to oppose successfully an application for a court order seeking disclosure of communications.

1. 2. Designated Reporters

The university has identified certain employee positions as Designated Reporters. When Designated Reporters become aware of an alleged incident of Discriminatory Misconduct under this Policy that involves a student or employee as either the complainant or respondent, they are always obligated to report information they have to the university’s Chief Civil Rights Officer (Title IX Coordinator). Designated Reporters should be prepared to report the name, date, time, location, and description of the incident to the extent such information is known. They otherwise will maintain privacy to the greatest extent possible. 

Designated Reporters should not investigate any matter themselves. If a Designated Reporter knows that a matter has already been brought to the attention of Office of Investigations and Civil Rights Compliance, the Designated Reporter does not need to report it but is encouraged to bring new or additional information to the attention of the Chief Civil Rights Officer. Designated Reporters are also not required to share information disclosed during public awareness events (e.g. “Take Back the Night” and town halls) or as part of an Institutional Review Board-approved human subjects research protocol.

List of Designated Reporters:

• All members of the Board of Trustees (including student, faculty, and staff members) and the Board Secretary
• President and vice presidents (including assistant and associate levels)
• Provost and vice provosts (including assistant and associate levels)
• Deans, including assistant, associate, and divisional deans
• Department Heads
• Dean of Students, including dean of student positions within schools or colleges
• Chief Human Resources Officer
• All attorneys in the Office of General Counsel
• Athletic Directors, including assistant, associate, deputy, or other senior-level athletic directors
• All NCAA intercollegiate coaches and directors of operations
  • EXCEPTION: A coach below the level of head coach is only a Designated Reporter when they receive reports from someone other than a student-athlete on their own team.  
• Student Conduct Case Managers
• Title IX Coordinator, OICRC investigators, OICRC appeals officers, and Deputy Title IX Coordinators
• Directors, including assistant and associate directors, or similar of:
  • Campus Planning and Facilities Management
  • Housing
  • Residential Life & Educational Initiatives
  • Fraternity and Sorority Life
  • Student Conduct
  • Study Abroad
  • Employee & Labor Relations
• Resident Assistants and Orientation Leaders
• Residence Life Professional Staff and
• University of Oregon Police Officers and Campus Security Officers

In addition, all university Supervisors, as well as all Human Resources professionals within departments and colleges, are Designated Reporters when informed of Discriminatory Misconduct by any employee. For purposes of this Policy, a “Supervisor” is someone who has the power to take tangible employment actions against an employee, i.e., to effect a significant change of employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits. A person whose job title contains the word supervisor is not necessarily a Supervisor for purposes of this Policy. The term “Supervisor” does not include persons who supervise exclusively graduate employees and/or student employees.

The Chief Civil Rights Officer may make changes to this list as necessary and following consultation with appropriate stakeholders. Any changes will be posted in the Policy Library, and affected employees will receive appropriate notification and training, including materials designed to provide notice to students.

Designated Reporters who fail to report as required by this Policy may be subject to discipline or other appropriate corrective measures.

1. 3. Assisting Employees

Employees, including faculty, who are not Designated Reporters or Confidential Employees, do not have reporting obligations under this Policy. However, they are considered Assisting Employees and are still expected to do the following when responding to disclosures:

• Comply with the expectations for all employees set forth above.
• Provide the person making the disclosure with resources, including confidential resources as listed at the end of this Policy.
• When appropriate in the conversation, inform the person making the disclosure that unless there is a report made to a Designated Reporter or the Office of Investigations and Civil Rights Compliance, it is unlikely that steps can be taken to stop the discrimination or harassment, remedy its effects, or prevent future instances of discrimination and harassment, because no one in a position to do so will know about the underlying behavior. With a report, the university will be able to take corrective action.
• Explicitly ask the person making the disclosure if they want to report the incident to the Office of Investigations and Civil Rights Compliance; and then follow the person’s wishes in either making a report for them, assisting them in making the report, not reporting, and/or referring them to confidential resources. In general, reports to the Office of Investigations and Civil Right Compliance and/or referrals to other resources should be made while the person is with you, if possible, but in no event later than 24 hours after the person expressed this wish.

In general, Assisting Employees should not share the information disclosed to them unless requested to do so by the person making the disclosure, or unless the information conveyed suggests a threat to the health or safety of any person, or other mandatory reporting obligations are triggered (e.g., under the Clery Act or state or federal law).  For situations involving a threat to someone’s health or safety, the employee shall ask the person for permission to convey the information to an appropriate office, such as law enforcement, and shall discuss with the person other ways in which the risk can be minimized. If the person refuses to have an appropriate office contacted, and the employee feels there is a threat to someone’s health or safety, then the employee may call the appropriate office and disclose the information received. In the instances where the person is under 18 years of age and discloses “abuse,” the employee shall follow state law. See Miscellaneous Information, “Information on Child Abuse Reporting,” below.

VII. University Response to Reports of Discriminatory Misconduct

The University will respond promptly and effectively to reports of Discriminatory Misconduct. This includes action to stop, prevent, correct, and when necessary, discipline, behavior that violates this Policy. If the university initiates an investigation, it will be impartial. In responding to incidents of Discriminatory Misconduct, 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 complainant’s options will be explained to that person by the Office of Investigations and Civil Rights Compliance, Human Resources, or the Office of Student Conduct and Community Standards, as appropriate.

1. 1. Supportive Measures 

Regardless of whether an investigation or other university process is initiated, the university will provide supportive measures as appropriate. In deciding which supportive measures to implement, the university will attempt to mitigate the impact on affected parties, while also balancing the rights of the alleged wrongdoer.

For students, supportive measures may include academic arrangements (such as class withdrawals, incomplete grades and alternative course completion, extension of deadlines), campus escort services, assistance with housing, transportation, and other support services, ombudsperson services, legal advice, confidential support persons, referrals to community agencies, and/or other reasonable measures. Students may also seek confidential resources such as health and counseling services, as well as financial assistance, visa and immigration assistance, and safety planning. All students who have experienced, witnessed, or been accused of Discriminatory Misconduct are entitled to supportive measures.

For employees, supportive measures may include change of employment conditions, leaves of absence, modifications to work schedules, safety planning, information and assistance regarding employee resources, and/or other reasonable measures. Employees may also seek confidential resources such as counseling services through the university’s Employee Assistance Program.

1. 2. Interim Actions

After receiving a report of Discriminatory Misconduct, the university may implement interim action(s) when determined necessary to address a substantial and immediate threat of harm to persons or property or when there are reasonable concerns that an investigation may be compromised. Interim actions will remain in place until lifted or modified by a university official with authority to do so. Interim actions aim to prevent the repetition of prohibited conduct, if occurring, and eliminate opportunities for retaliation against a complainant, the individual who reported, other specified persons, and/or a specific student organization. The specific interim action(s) implemented will vary depending on the circumstances of each report. In some instances, the university may share information regarding such interim measures with a complainant, or other appropriate individuals, on a need-to-know basis, such as safety planning. Respondents will be provided with the opportunity to raise an objection about the interim action or request that it be made less restrictive. Interim actions for employee respondents may include administrative leave or changing reporting lines.

1. 3. Investigation of Complaints

The Office of Investigations and Civil Rights Compliance is responsible for responding to reports of Discriminatory Misconduct under this Policy. Upon receipt of a report, complainants are offered support resources and the opportunity to meet with an investigator. Following that interview, the investigator determines whether the allegations, if proven true, would constitute a policy violation. If so, a formal complaint is drafted and the respondent is provided notice that an investigation has been initiated, offered support resources, and offered an interview. During the investigation, witnesses for both parties are interviewed, and documents such as emails, text messages, photographs, and other documentary evidence are also considered. Determinations whether or not a violation of this Policy has occurred are based on a preponderance of the evidence standard, and respondents are presumed not responsible. Following the decision, parties are afforded applicable appeal or grievance rights. Operative procedures are set forth in the Standard Operating Procedures for student cases and the Employee Formal Process for employee cases. Links to procedures for resolving student and employee formal complaints are available at the end of this policy.

1. 4. Corrective Action 

If the university finds that an employee, student, or university community member has engaged in Discriminatory Misconduct under this Policy, it will take immediate and appropriate corrective action. Students who have engaged in Discriminatory Misconduct may face sanctions up to and including suspension or expulsion. Employees who have engaged in Discriminatory Misconduct may face discipline up to and including termination. Campus community members who violate this Policy may be excluded from campus and may otherwise lose the right to use university property and/or to participate in university-sponsored programs and activities.

1. 5. Bad Faith Complaints

Individuals who make bad-faith complaints may be subject to disciplinary action, student conduct code violations, or other appropriate corrective action. A complaint is made in bad faith when it is intentionally dishonest.

1. 6. Remedial Action

At any time following a report of Discriminatory Misconduct, the Chief Civil Rights Officer and/or Chief Human Resources Officer may review the complaint, investigative report, and/or any sanction to determine whether additional remedies for the parties or university community are necessary to restore and preserve equal access to the university’s education programs and activities or to maintain a respectful workplace. Examples of such remedies may include the initiation or continuation of supportive measures, facilitated dialogue, and/or training for members of the university community, as well as modifications to academic, employment, or housing conditions or assignments. Remedial, non-disciplinary action may be taken where the alleged conduct does not constitute a policy violation, but additional incidents or escalation of conduct could give rise to a policy violation.

1. 7. Confidentiality and Privacy 

Information received in connection with the reporting, investigation, and resolution of allegations of Discriminatory Misconduct will be treated as private and will not be disclosed except to those individuals whom the university determines are necessary to conduct an appropriate investigation, to provide assistance and resources to parties, to perform other appropriate university functions, or in accordance with applicable law.

VIII. Workplace Fairness

In compliance with the Oregon Workplace Fairness Act, the university is required to notify employees of the following:

• Oregon state law requires that any legal action taken on alleged discriminatory conduct (specifically that prohibited by ORS 659A.030, 659A.082 or 659A.112) commence no later than five years after the occurrence of the violation. Claims against the university are also subject to the notice provisions set forth in ORS 30.275, which typically requires notice to the university within 180 days of the incident.
• The university will not require an employee to enter into any agreement if the purpose or effect of the agreement prevents the employee from disclosing or discussing conduct constituting discrimination, harassment, or sexual assault.
• An employee claiming to be aggrieved by discrimination, harassment, or sexual assault may, however, voluntarily request to enter into a settlement, separation, or severance agreement which contains a nondisclosure, nondisparagement, or no-rehire provision and will have at least seven days to revoke any such agreement.
• Employees are encouraged to document any incidents involving conduct that constitutes prohibited discrimination under state or federal law. 

IX. 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 to outside agencies or law enforcement, including, but not limited to, the Bureau of Labor and Industries’ Civil Rights Division, the Office for Civil Rights of the U.S. Department of Education, the U.S. Equal Employment Opportunity Commission, or the Educational Opportunities Section of the Civil Rights Division of the U.S. Department of Justice.

X.  Differential Treatment Required or Allowed by Law

Neither this Policy nor any other university policy shall be interpreted as preventing the university from complying with laws that require preferential treatment – such as Oregon’s Veterans Preference laws – or from engaging in constitutional admissions practices designed to achieve diversity goals.

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.

2. 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.

3. 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.

5. Possession by persons engaged in public safety or campus police training, where authorized.
6. The president of the University is authorized to make a temporary exception to this policy on the showing of good cause or necessity.

4. Review

1. This policy will be reviewed from time-to-time, but no less than once a biennium, for amendment or revision.