University of Oregon Policy Library

General Obligations and Limitations Regarding Confidentiality
The University of Oregon is committed to upholding legal and professional obligations to protect confidentiality. Confidentiality is central to the effective provision of health care and survivors’ services. Providers of health care and/or survivors’ services have a duty to carry out the obligations of confidentiality imposed by law, professional codes of ethics, and this policy. In most circumstances, providers involved in the care of clients/patients shall not disclose information without written authorization from the client/patient. Disclosures made pursuant to exceptions arising from federal and state laws or professional codes of ethics shall be limited to the minimum information necessary.

Litigation and Confidentiality
When the University of Oregon is involved, or anticipates being involved in a legal proceeding, the University of Oregon has chosen to uphold a more protective standard with regard to confidential health care and survivors’ services information than may be required under state and federal laws, and professional codes of ethics. The following describes the standards that the University of Oregon will follow in relation to legal proceedings or anticipated legal proceedings.

1. If information needs to be preserved, the University of Oregon will implement a litigation hold. General Counsel will direct appropriate university personnel outside of the Office of General Counsel to ‘hold in-place’ all potentially relevant confidential records and/or direct relevant Information Technology staff to institute an “IT hold” for such records, in order to ensure compliance with a litigation hold. Each unit that creates or maintains such records will develop a litigation hold-in-place procedure to be approved by General Counsel.
2. In response to an actual or anticipated lawsuit, board complaint, or other legal proceeding initiated by a client/patient regarding the provision of health care and/or survivor's services (i.e. professional negligence related to these services), the University of Oregon may access and use that client/patient's confidential health and/or survivors’ services information related to such services to defend itself and those who provide services in a manner consistent with state and federal law, and professional ethics. The University will access the information via a subpoena whenever it is possible to issue a subpoena. If it is not possible to issue a subpoena, the University will provide the client/patient notice and an opportunity to object to accessing the information before any accessing of the information occurs.
3. When the University of Oregon is a party (or may become a party) to a lawsuit with a claim that is not covered by paragraph #2, and receives a subpoena or request from an outside party for records that include confidential health care and/or survivors’ services information, the University, its health centers/clinics, providers, and confidential responders will, if there is a good faith basis under applicable law, resist subpoenas or other requests, notify the client/patient of the subpoena or request, inform the client/patient of their right to seek independent legal advice, and release privileged information only in response to an order from a court or tribunal, a stipulated protective order that the client/patient has signed, or a written authorization from the client/patient. Prior to any access by University officials, in cases of a disagreement with General Counsel, in order to ensure that the University respects legal and professional obligations to protect confidentiality a provider/custodian of record may request University funding for independent legal counsel concerning the disclosure of records. Denial of such a request may be appealed to the University President.
4. In instances not covered by paragraph #2, if existing law (e.g., FERPA, HIPAA, state law) allows University officials to access a client/patient’s confidential health care and/or survivors’ services information, University officials will forgo access without a stipulated protective order that the client/patient has signed, a written authorization from the client/patient to use the records, or a court order. Prior to any access by University personnel, in cases of a disagreement with General Counsel, in order to ensure that the University respects legal and professional obligations to protect confidentiality a provider/custodian of record may request University funding for independent legal counsel concerning the disclosure of records. Denial of such a request may be appealed to the University President.
5. When the University of Oregon is a non-party in a legal proceeding (i.e., neither the plaintiff nor the defendant) and receives a subpoena for records that include confidential health care and/or survivors’ services information, the University of Oregon will, if there is a good faith basis under applicable law, resist subpoenas or other requests, notify the client/patient of the subpoena or request, inform the client/patient of their right to seek independent legal advice, and release privileged information only in response to an order from a court or tribunal, a stipulated protective order that the client/patient has signed, or a written authorization from the client/patient. Prior to any access by University officials, in cases of a disagreement with General Counsel, in order to ensure that the University respects legal and professional obligations to protect confidentiality a provider/custodian of record may request University funding for independent legal counsel concerning the disclosure of records. Denial of such a request may be appealed to the University President.
6. Nothing in this policy shall be construed to require those subject to this policy to violate any state or federal legal or ethical obligations. Nor shall this policy be construed to limit the ability of a provider to act in the best interests of the provider’s client/patient, consistent with state and federal law.
7. Nothing in this policy shall be construed to limit the ability of a University health center or clinic to obtain professional liability and/or general liability insurance coverage and comply with the terms of that coverage, including consulting outside counsel or other medical professionals for risk mitigation, or to establish, at the health center or clinic’s option, a risk management team that operates inside any center or clinic. University employees selected by the center or clinic to participate on and provide support services to such a team (e.g., risk management, compliance, administration, information technology, billing) will have access to health and/or survivors’ services information only within the physical confines of the respective center and only after the name and any other identifying information, as much as is feasible in the circumstances, of the client/patient has been removed from such information.

Advice and Information for Clients and Patients
Confidentiality is a complex issue, and the issues can vary depending on the specific services that a client or patient receives, the records created as part of those services, and the laws that apply. Thus, it is essential that clients/patients discuss confidentiality with their specific providers. It is also important that clients and patients served by University of Oregon clinics, health centers, and confidential responders know who has access to information that clients/patients share with their providers, and under what conditions confidential information may be used or disclosed. University of Oregon health centers, clinics, and confidential responders will provide written information to every client/patient that describes the confidentiality of the client/patient's health care or survivors’ services information and provides a link to this policy.

Implementation and Review of University of Oregon Health Center, Clinic, or Confidential Responder Confidentiality Policies and Practices
Every health center, clinic, or confidential responder (i.e., unit) that creates, receives, maintains, or transmits confidential health information must have policies and practices in place that follow all applicable state and federal laws, reflect the highest professional standards of confidentiality, and comply with this policy.

Definitions

For purposes of this policy:

Confidential health and/or survivors’ services information is information that is “personally identifiable” to the client/patient at the time it is disclosed, as that term is used by the applicable state and federal law governing the specific information.

3.010 Encouragement of Financial Assistance

To ensure maximum student access, the institutions shall provide financial assistance to students to the extent possible by encouraging gifts and grants for scholarships, loans, and other financial aids from government and private sources, and by developing and maintaining tuition remission scholarship programs from tuition revenues generated.

3.015 Assistance for Out-of-State Study

The Chancellor’s Office shall assist Oregon students to avail themselves of special study and student exchange programs out of state in accordance with provisions of agreements with the Western Interstate Commission on Higher Education (WICHE) and other applicable student exchange agreements.

3.001 Review of Undergraduate Admission Requirements

The Board shall review and set undergraduate academic admission requirements for the institutions. To enable timely institutional planning, program implementation, publications, and notice to prospective students, the Board shall approve admission requirements for each academic year not later than in February of the preceding calendar year.

Institution and Chancellor’s Office staff shall work with Oregon schools, the Oregon Department of Education and others, on effecting a coordinated transition from the traditional admission policy to the proficiency-based admission standards system (PASS) that aligns with legislatively-mandated changes in public K-12 education.

3.005 Establishment of Minimum Standards for Entry Into Programs

Each institution may establish minimum academic and other standards for entry into particular programs in excess of those established for the institution by general Board policy. In addition, the institution may selectively admit students into these programs on the basis of established standards. All standards established pursuant to this directive and the procedures applying to them shall comply with OAR 580-015-0025.

The Board affirms the importance for Oregonians to have maximum program articulation, course and credit transferability, and recognition of proficiencies that can be demonstrated. The Board recognizes that this is a shared responsibility among education providers and individuals. Toward achievement of these goals, the Board expects that:

In a changing environment with growing access to electronically delivered coursework, and transfer students presenting transcripts from multiple providers, System institutions should be flexible in accepting academic credits from accredited entities. Institutional practices should balance the integrity of a specific System institution’s degree with the reality of the dynamic educational marketplace (so long as admission, degree program, and graduation requirements are met).

Each institution shall regularly update and publish information regarding course equivalencies between the institution’s courses and partner community college courses and, in other ways, be responsive to transfer students’ information and advising needs. Each institution shall also be guided by statewide agreements that enable broad-scale student transfer to occur among all System institutions and community colleges in Oregon.

Each institution shall develop policies and practices that accept a reasonable amount of professional-technical coursework as electives or related work into baccalaureate degree programs.

Where appropriate and feasible, institutions shall develop specific articulation agreements and co-admission/co-enrollment programs with community colleges and other partners in order to promote the orderly flow of students between and among institutions.

Through such mechanisms as the Joint Boards’ Articulation Commission, the OUS Academic Council, and the Council of Instructional Administrators of Oregon community colleges additional transfer degree programs should be considered and, if appropriate, developed to prepare community college students for transfer into a broad array of baccalaureate programs.

A. General Authority:

The Board encourages gifts by faithfully devoting them, subject to the terms of the gift, to the institution or program for which intended, and by other suitable means.

B. Delegation

(1) Institutions are authorized to apply for and accept, on behalf of the Board, gifts or grants and to negotiate contracts that will not result in:

(a) Enrollments in excess of those on which budgets have been based;

(b) Commitment of funds beyond those available in budgets approved by the Board, or the normal continuation thereof;

(c) Creating a commitment for the institution or the state to continue support of a program funded through gifts, grants or contracts, in the event such funds are discontinued;

(d) Development or support of activities inconsistent with the approved mission of the department and/or institution;

(e) Launching of new curricular programs that have not received prior Board approval;

(f) Establishing or significantly expanding a clientele for services of an essentially nonresearch or noninstructional nature.

(2) The Vice Chancellor for Finance and Administration or a designee is authorized to approve applications for and acceptance of other gifts, grants or contracts.

C. Institutional Responsibility

Requests for gift, grant, or contract funds may be initiated by an institution, division or statewide service, acting for the Board, subject to the following considerations:

(1) A request obligating the Board to increase an allocation of state appropriations or seek additional state funds where the gift, grant or contract to be discontinued is subject to Board approval before the request is submitted to the granting agency.

(2) When all or a major portion of project performance requires the services of institutional personnel or use of its property or if project funding includes indirect cost allowances, funding is to be requested in the name of the Board.

D. Board Acceptance of Scholarship Gifts

(1) Gifts made to an institution by any donor to provide scholarships on a competitive basis shall be reported to the Board as scholarship gifts, provided the institution participates in the selection of the recipients.

(2) Gifts made to an institution by nonprofit organizations for the benefit of designated students shall be reported as scholarship gifts to the institution on the assumption that the recipients were selected on a competitive basis.

(3) Gifts made by individuals, or by partnerships and corporations operated for profit, for designated students not selected on some competitive basis ordinarily used in selecting scholarship recipients, shall not be accepted as scholarship gifts to the institution. These payments may be deposited to the credit of the student in the institutional business office in an agency account known as "Student Safekeeping." These contributions or payments shall be considered gifts to the recipient and not to the institution and will not be reported to the Board.

Retention of Evaluative Materials Concerning Candidates for Possible Employment

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

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

Availability to Faculty Members of Objective Information Concerning Categories of Staff

Institutional rules shall establish procedures through which the faculty member who feels adversely affected by the institutional, school, divisional or departmental personnel action or lack thereof may request from designated institutional officials objective or quantitative information contained in limited access files concerning personnel actions affecting categories of faculty members, where such actions appear to have relevance to the case of the faculty member requesting the information. Information may include but need not be limited to: assignment, load, list of publications. It shall not include any evaluative statements concerning faculty members.

Employees may have occasional problems or issues affecting their work-related activities, and it is important to resolve these as soon as possible.  The university encourages employees to resolve disagreements respectfully through informal, frank, and open discussion.  Human Resources and the Ombuds Program are two resources available to assist with informal resolutions.  However, the university also recognizes that occasionally more formal processes are needed.

The following Grievance Policy applies to all employees, except for situations excluded under section I.A and I.B.

1. GRIEVABLE ISSUES

Employees can file a grievance related to (1) an adverse employment action, including but not limited to discipline and involuntary separation; (2) university action or inaction that is negatively impacting the employee’s work environment; or (3) any allegation that they have been or are being adversely affected by an improper application or interpretation of a rule, regulation, policy, or procedure that is not specifically excluded below.  To the extent that an action is taken in accordance with university or unit-level policy, procedure and/or guidance, a grievance will generally not be sustained.  Grievances filed by students that are not related to student-employment should follow the processes set forth in the related Student Grievance Procedure.  Grievances filed by Officers of Administration (OA) will be reviewed and resolved under the processes set forth in the related OA Grievance Policy.

In order to file a grievance, the university or an employee’s actions or inactions must have adversely impacted the grieving employee.  Employees may not file a grievance on behalf of others; however, employees may file jointly if (1) each employee who is a party to the grievance signs the grievance and (2) the underlying facts and allegations relevant to each employee are substantially similar.  If an employee knows of a violation of university policy or the law but is not being harmed by the violation, the employee should either call the Office of Human Resources (HR), report the issue by calling the Fraud & Ethics hotline maintained through the Office of Internal Audit, or report the violation to the Office of Investigation and Civil Rights Compliance (OICRC), as appropriate.

1. EXCEPTIONS

In any instance where a grievance alleges violations of university policies or procedures that have their own complaint and/or grievance procedures, the more specific procedures control.  This includes:

• Complaints against students: These should be filed with the Office of Student Conduct and Community Standards and will follow the processes set forth in the Student Conduct Code and/or Student Grievance Procedure.
• Complaints involving prohibited discrimination: These will be referred to and reviewed by the Office of Investigations and Civil Rights Compliance (OICRC) pursuant to the Prohibited Discrimination and Retaliation policy.
• Grievances filed by represented employees: These will be reviewed and resolved pursuant to the terms of the relevant collective bargaining agreement (CBA).  See Related Resources below for CBA provisions.

2. FACULTY REVIEW DECISION APPEALS

Except for procedural violations, appeals by faculty involving the denial of a promotion in rank, denial of tenure, or a decision to place a faculty member on a terminal contract following a mid-term review follow the Faculty Review Decision Appeals procedures in the Related Resources section, below, and are not subject to this policy.  A reviewable decision of the Provost may be appealed only on the following grounds: (1) whether the Provost was presented with errors of fact that materially affected their decision; (2) whether the Provost disregarded or overlooked material evidence that was provided to them; (3) whether material information was unavailable to reviewers through no fault of the candidate; and (4) whether the Provost’s decision was arbitrary or capricious.  The outcome of the Faculty Review Decision Appeals process is final and binding and is not subject to grievance, arbitration, or further appeal. 

2.  INFORMAL RESOLUTION

Regular and effective communication between supervisors and employees reduces the likelihood of misunderstanding and conflict. The university expects and encourages supervisors and employees to communicate openly and regularly so that potential issues are addressed at the lowest level possible. Supervisors, in particular, are encouraged to avail themselves of training opportunities on matters of communication, equity and inclusion, performance management, and other human resources topics to enhance their supervisory skills.

Before initiating Step 1 of the grievance process, employees are encouraged to make at least one attempt to resolve the issue informally, if possible.  Employees may seek assistance with informal resolution from Human Resources or, for confidential and informal assistance, from the Ombuds Program. In accordance with federal guidelines, it is important to note that informal processes are not appropriate if the underlying allegations relate to sex discrimination involving violence, intimidation, a hostile atmosphere, or other violent actions.

3. FORMAL RESOLUTION - FILING A GRIEVANCE

Formal grievances may be filed on any of the grievable issues noted above.

All grievances must be in writing and must include at least:

• The basis for the grievance, including the policy, rule, or law provision that the grievant believes to have been violated, the circumstances that are negatively impacting the grievant, or the personnel action being grieved.
• A statement describing the nature of the grievance, the approximate date of the events giving rise to the grievance, the names of identifiable persons involved, and any other information the grievant believes should be considered.
• Whether a meeting with the decision-maker is requested.
• A recommendation for resolution.

Grievances should be submitted to the Grievance Administrator in University Human Resources at grievances@uoregon.edu.  The Grievance Administrator is not a decision-maker on the grievance, but oversees the grievance process, including the relevant steps.  

Employees cannot file multiple grievances relating to the same incident or underlying facts. Unless the facts become known after the grievance is filed, all relevant facts should be included in the underlying grievance.

The parties may agree to terminate a grievance after it has been initiated.

1. CONFIDENTIALITY

To the extent possible, the university will protect the confidentiality of grievants, 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 grievant 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.  For purposes of public records requests and to the extent allowed by law, the university will treat all materials submitted during an investigation as submitted in confidence, unless otherwise noted and/or as personal information, the disclosure of which would constitute unreasonable invasion of privacy.

2. TIME LIMITS

Regardless of at which step the grievance is initiated, an employee must file a grievance no later than forty-five (45) calendar days from when the employee knew or reasonably should have known about the incident or problem giving rise to the grievance.

If an employee is actively engaged in finding an informal resolution to the grievable matter, the employee may submit a request to the Grievance Administrator (grievances@uoregon.edu) for an extension of the 45-day filing deadline to allow the attempt at informal resolution to run its course.  If an employee fails to observe the time limits established for any step, the grievance will be considered satisfactorily resolved.  If the university fails to observe the time limits established for any step, the grievance is considered denied at that level and the employee may submit the grievance to the next step within the designated time limits of that next step.

If other circumstances require the extension of a grievance filing deadline, the employee may request an exception to this procedure as described in Section III.E.  After a grievance has been timely filed, any timelines associated with an employee’s advancement of their grievance to subsequent steps may be extended if the employee and the Grievance Administrator agree to the extension.  However, for good cause, including but not limited to the need for additional investigation of the underlying claims of the grievance, the Grievance Administrator may extend up to 90 calendar days the deadline for the University’s response to any grievance step by providing the grievant with notice of the extension.

3. GRIEVANCE STEPS & DECISIONS

The Grievance Administrator is responsible for assigning the grievance to the appropriate step and overseeing the grievance process.  The grievance steps are not judicial in nature.  At each step of the grievance process, a grievant may bring a support person with them to the grievance meeting.  The support person’s role is limited to asking clarifying questions and helping the grievant understand the process. The support person may not interfere with the process or unduly delay it.  Grievance decisions are individualized determinations based on applicable facts and circumstances and do not constitute a past practice or any precedent for the disposition of other grievances.

Grievances involving the grievant’s supervisor or related to a layoff may be filed directly at step 2.  Grievances regarding discipline of a demotion, suspension or termination for cause may be filed directly at step 3.  Grievances relating to the behavior of the President or of an employee who directly reports to the President may be filed at step 3.  If the grievance is related to the President’s behavior, the Grievance Administrator shall appoint a designee to hear the grievance. Grievances filed directly at step 2 or step 3 must be filed in accordance with the grievance timelines stated above.  If the grievance is based on the actions of another employee, the decision-maker may meet with that employee in order to allow that person any opportunity to respond to the allegations.

Each decision-maker shall determine whether a policy violation occurred by using a more-likely than-not-standard.  Subsequent decision-makers are expected to rely on the findings from the prior step decisions and are primarily reviewing whether those findings are supported by a preponderance of the evidence, whether there were procedural irregularities that affected the outcome of the matter, and whether there is new information not previously available that would affect the determination. 

If discipline or a performance improvement plan is being grieved, each decision-maker will determine whether the university followed the appropriate process and, if applicable, whether the discipline issued is commensurate with the underlying behavior.   

Step 1 (Immediate Supervisor)

• For step 1 grievances, the Grievance Administrator will acknowledge receipt and assign the grievance to the supervisor of the person being grieved against. 
• Within a reasonable amount of time, the Grievance Administrator will notify the grievant that the matter is under review and outline applicable timelines for meetings and grievance responses at this step.
• If the grievant or supervisor believes that the supervisor has a conflict of interest in hearing a step 1 grievance, either party may consult with Grievance Administrator to determine if an alternative decision-maker is appropriate for step 1.  Human Resource’s decision whether to appoint an alternative decision-maker is final.
• The grievant must indicate in the step 1 filing whether a meeting with the supervisor is requested.
• If a meeting is requested, the supervisor will meet with the grievant within 21 calendar days of submission of the written grievance.
• The supervisor will send a decision in writing to the grievant, ccing the Grievance Administrator, within 30 calendar days from the receipt of the written grievance or conclusion of the meeting, if one is requested by the grievant.

Step 2 (Dean, VP, or designee)

• If the grievant is not satisfied with the decision at step 1 or if the grievant is allowed to proceed directly to step 2, the grievant may file the written step 2 grievance with the Grievance Administrator.  Grievants seeking to challenge the step 1 decision-maker’s decision shall submit their step 2 grievance within 14 calendar days of the step 1 decision. 
• For step 2 grievances, the Grievance Administrator will acknowledge receipt and assign the grievance to the Dean or Vice President (VP) in the unit or college where the issue arose, or their designee.
• Within a reasonable amount of time, the Grievance Administrator will acknowledge receipt of the grievance and outline applicable timelines for meetings and grievance responses at this step.
• The grievant must indicate in the step 2 filing whether a meeting with the Dean/VP/Designee is requested.
• If a meeting is requested, the Dean/VP/designee shall meet with the grievant within 21 calendar days of receipt of the written grievance.
• The Dean/VP/designee will send a decision in writing to the grievant, ccing the Grievance Administrator, within 45 calendar days from the submission of the step 2 grievance or conclusion of the meeting, if one is requested by the grievant.

Step 3 (President)

• If the employee is not satisfied with the decision at step 2 or if the employee is allowed to go directly to step 3, the employee may file the written step 3 grievance with the Grievance Administrator.  Grievants seeking to challenge the step 2 decision-maker's decision shall submit their step 3 grievance within 14 calendar days of the step 2 decision. 
• For step 3 grievances, the Grievance Administrator will acknowledge receipt and assign the grievance to the President or President’s designee.
• Within a reasonable amount of time, the Grievance Administrator will acknowledge receipt of the grievance and outline applicable timelines.
• The President/designee will send a decision in writing to the grievant, ccing the Grievance Administrator, within 60 calendar days from the submission of the step 3 grievance. Except for cases filed directly at step 3, there is no meeting during this stage of the process.
• The President/designee’s decision is binding. This concludes the formal grievance process and there are no further internal reviews or procedures, except as provided in Section III.D, below.  

4.  RETALIATION

The university’s Prohibited Discrimination and Retaliation Policy prohibits retaliation against any person because they filed a grievance or otherwise participated in the grievance process. Individuals who believe they are experiencing retaliation relating to the grievance process should notify the Grievance Administrator or the Office of Investigations and Civil Rights Compliance (OICRC).

5. EXCEPTIONS TO THIS PROCEDURE

Employees seeking an exception to these procedures may file a petition with the Grievance Administrator.  Exception requests should describe the specific exception being requested and the reason why the exception is needed (e.g., approved personal leave prevents meeting grievance timelines).  The Grievance Administrator will respond to the request within 10 calendar days.  Persons requesting a reasonable accommodation to this policy under the Americans with Disabilities Act, as amended, should contact the university’s ADA Coordinator or Accessible Education Center (see Related Resources section, below). Grievances filed by Officers of Administration (OA) will be reviewed and resolved under the processes set forth in the related OA Grievance Policy (see Related Resources section, below).

Grievance procedures for represented employees can be found in the relevant collective bargaining agreements, including:

• United Academics, https://hr.uoregon.edu/united-academics
• Graduate Teaching Fellows Federation (GTFF), https://hr.uoregon.edu/graduate-teaching-fellows-federation
• Service Employee International Union (SEIU), https://hr.uoregon.edu/service-employee-international-union
• University of Oregon Police Association (UOPA), https://hr.uoregon.edu/university-oregon-police-association
• Officer of Administration (OA) grievance policy, https://hr.uoregon.edu/oa-grievance

The student grievance policy, for grievances brought by students unrelated to any employment, can be found at https://policies.uoregon.edu/vol-3-administration-student-affairs/ch-1-c....

Tenure Related Appeals Process is available at (Art. 21 of the UA CBA)

Articles and Activities Prohibited at Athletic Facilities

(1) The following items are not allowed inside (or on the rampways, stairways, or tunnels leading into) any University of Oregon (“University”) facility which serves as a site for intercollegiate athletic competition whether or not such competition is actually occurring:

(a) Purse larger than a clutch (4.5” x 6.5”) or bag including but not limited to briefcases, backpacks, fanny packs, diaper bags, cinch bags, cooler bags, computer bags, camera bags, binocular case or luggage of any kind;

(b) Seat cushions with pockets, zippers, compartments or covers;

(c) Glass containers of any kind;

(d) Metal cans or bottles;

(e) Weapons;

(f) Fireworks, explosives, or munitions;

(g) Alcohol or alcoholic beverages or freezes;

(h) Vacuum bottles and other similar insulated containers (thermos-type containers);

(i) Open plastic beverage containers, unless empty;

(j) Poles or sticks including flag poles, monopods, and selfie sticks;

(l) Other items determined by a promoter, tour group, or University personnel based on show and/or audience, including but not limited to: cameras, iPads/tablets, plastic bottles, spiked jewelry, lighters, etc.

(2) The following items are not allowed in the specific venues listed:

(a) Matthew Knight Arena

(i) Outside food unless medically required.

(b) Jane Sanders Stadium

(i) Large coolers;

(ii) Pop-up tents;

(iii) Chairs.

(3) Exceptions to the above prohibition are limited to:

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

(b) Weapons of on duty law enforcement officials;

(c) Fireworks in the custody of any group or person operating or presenting a fireworks display as expressly authorized by the University.

(4) University employees, contractors, or agents may request, as a condition of the license to enter the University’s athletic facilities, that persons about to enter allow inspections of all backpacks, briefcases, suitcases, athletic bags, packages, duffle bags, coolers, ice chests, picnic baskets, and other containers capable of concealing prohibited articles:

(a) Inspections under this section shall occur outside the facility's ticket gate or entrance. Persons possessing containers subject to inspection shall be informed that they are free to decline the inspection and may receive a refund of the price of the ticket upon surrender of their ticket, if any. In the alternative, the person may discard the container or prohibited items in the container or return them to a vehicle without inspection and then enter the facility without such items;

(b) Personnel making inspection requests are not obliged to cause entering spectators to wait in line while other inspections are occurring. Such personnel must, however, request to inspect the containers of the next person who appears to possess containers subject to inspection as soon as they have completed any given inspection;

(c) Signs shall be prominently displayed at each entrance to University facilities that serves as a site for intercollegiate athletic competition. The signs shall generally describe prohibited articles, explain the potential request for inspection and the right-to-decline options, including refund, if there is a cost for admission. Similar explanations shall be printed on season ticket order forms and shall be included on the venue website.

(5) A person discovered during an inspection to possess a prohibited article(s) shall be offered the choice of discarding the article(s) in a public trash receptacle or of returning the prohibited article(s) to a vehicle or otherwise legally disposing of it.

(6) If a person already inside the facility possesses a prohibited article, that person shall be considered to have violated the license to enter and view the event. The person’s license is automatically revoked and the person shall be requested to leave immediately. A person who does not leave following such a request may be treated as a trespasser.

(7) If a person requests a refund under the provisions of Section (3)(a) of this policy, University officials shall sign a bearer coupon and shall deliver it within a reasonable time to the person requesting the refund. Such a coupon shall not name the person possessing the prohibited articles, but it shall specify the location, price and date. This bearer coupon along with the unused ticket must be turned in at (or mailed to) the University Athletic Department's ticket office for a refund within 30 days. Service and other charges in excess of the admission price are non-refundable.

(8) Persons entering a facility, as a condition of the license to enter, may be subject to search by electronic wand or walk through metal detector regardless of whether they are carrying any of the above-mentioned containers.

(9) At the request of the event promoter management, and when deemed a reasonably necessary precaution by the University’s Chief of Police, persons may be subject to searches using pat downs.

(10) A person entering the facility who is observed possessing a prohibited article shall be treated as specified in prior sections of this policy.

(11) Open umbrellas are prohibited in all Autzen Stadium, Hayward Field, Pape Field, and Jane Sanders Stadium seating areas, seating area aisles, and standing room only locations. Complaints about violations of this section shall be made to Athletic Department officials or their designated agents. Violators failing to respond to a request to close their umbrellas by Athletic Department officials or their agents may be required to leave the event.

(12) Signs cannot be affixed to the facility nor displayed in a manner that obstructs the view of other patrons.

(13) Stadium seats, stadium chairs, or seat cushions brought by any person into any University facility which serves as a site for intercollegiate athletic competition may not exceed the following dimensions: 17.5 inches wide by 13.5 inches deep, with a seat back height that does not exceed 19 inches. The seat cushion may not exceed 4 inches in height. The seat back cushion may not exceed 4 inches in depth. The seat may not have pockets, zippers, compartments or covers.

(14) Patrons can bring in one clear plastic, vinyl or PVC bag that does not exceed 12” x 6” x 12” or a single one (1) gallon plastic freezer bag.

(15) The University of Oregon is a Smoke & Tobacco Free University. Smoking, vaping and tobacco chewing is not allowed in any athletic venue or University property.

To protect public health and safety:

(A) The University does not permit animals in its buildings, except as provided for in the Exceptions Section of this policy.

(B) No person shall bring an animal onto campus unless the animal is leashed, caged, or under direct physical control of its owner or other responsible person. An exception to this requirement will be made when an individual with a disability is unable to use a harness, leash or tether to restrain a service animal or if such restraint would interfere with their service animal’s work. Under these limited circumstances, the individual must still maintain control of the animal through voice, signal or other effective controls.

(C) Feeding of wildlife on University of Oregon owned and leased locations is prohibited.

Definitions:

For purposes of this policy, the following definitions apply:

(A) “Leashed” is defined as being restrained on a cord, chain, or other similar restraint, not to exceed 8 feet in length, controlled by the owner of the animal or other responsible person.

(B) “Caged” is defined as being restrained in an enclosed pen, box, or other similar container controlled by the owner or other responsible person who prevents the animal from escaping.

(C) “Direct physical control” means that the owner or other responsible person is physically holding the animal in such a way that it is not likely to escape.

(D) “Wildlife” means animals that live independently of people, usually in natural conditions.

Responsibility and Restrictions:

(A) The owner or other responsible person who brings an animal on to campus must ensure that the animal is vaccinated and licensed as required by federal, state and local laws.

(B)The owner and/or other responsible person are required to exercise reasonable control over the animal at all times in order to minimize risk to others and property. The owner and other responsible person is responsible and liable for all damage or injury caused by the animal, whether to persons or property.

(C) The owner or person responsible for an animal’s presence on campus shall be responsible for the immediate removal and sanitary disposal of any excrement deposited by the animal. The owner or responsible person shall have on their person appropriate means for removal of such excrement when bringing the animal on campus.

(D) Except as provided for in Exceptions Section below, animals may not be brought into any campus building or controlled facility. Each administrator, chair, dean and employee is responsible for the administration of this policy and is expected to comply with its provisions. To help ensure compliance with applicable federal and state law, including limiting inquiries about the permissibility of a service or assistance animal’s presence on campus, the aforementioned are encouraged to periodically review the Guidelines for Service Animals and Assistance Animals at the University of Oregon which is maintained and updated as necessary, by the Office of Affirmative Action and Equal Opportunity.

(E) No animal shall be left unattended in any motor vehicle parked on university property.

(F) Except as provided for in Exceptions Section below, no animal shall be brought onto or permitted on any athletic field.

(G) Any animal discovered on university property in violation of these regulations may be impounded and turned over to the appropriate animal control/animal services authority.

(H) The University of Oregon Police Department will call an appropriate control agency/animal services authority to remove and impound unattended or at-large animals.

(I) The University retains the right to take action to remove any animal from campus if the safety of others, destruction of property, or disturbance warrants such removal. Such removal and any necessary cleaning, repairs, and/or pest control will be done at the expense of the owner and/or other responsible person. The owner and/or other responsible person may also be subject to corrective action, as described below.

Exceptions:

(A) The University’s Vice President for Finance and Administration and/or their designee can make exceptions to this policy for special circumstances and/or events including, but not limited to, pet shows, circus performances, etc.

(B) This policy does not apply to animals the University may be required to allow under state and/or federal law, such as service animals.

(C) This policy does not apply to assistance animals (also known as, emotional support, therapy and companion animals) authorized to be in limited, specifically identified campus locations as a disability-related housing or employment accommodation approved by the Accessible Education Center or Office of Affirmative Action and Equal opportunity.

(D) This policy does not apply to animals used by law enforcement or emergency personnel in the exercise of their official duties.

(E) This policy does not apply to animals used in authorized academic programs, teaching or research at the University.

(F) Residents of the University's East Campus Housing and University Housing full-time live-in staff and Faculty In Residence only may keep authorized pets within their residence hall apartment or rented property.

Corrective Action:

If the university finds that an employee, contractor, volunteer, student, guests, or member of the public has violated this policy, the University will take immediate and appropriate corrective action. This means that employees will be subject to corrective action up to and including termination pursuant to applicable UO policies and CBAs, students will be subject to the Student Conduct Code and may face sanctions up to and including suspension or expulsion. Campus community members (including but not limited to guests, volunteers, and other members of the public) 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. All individuals are subject to the consequences resulting from the violation of federal, state, and local laws, which may include civil or criminal liability.

Appeals:

Anyone aggrieved by the application of this policy may appeal in writing within 10 days of a denial to the Vice President for Finance and Administration or their designee. If the Vice President for Finance and Administration or their designee does not respond to the appeal in writing within 10 days of receiving the appeal, the appeal is deemed denied.