University of Oregon Policy Library

Introduction

The University of Oregon recognizes the right of its students to familiarize themselves with divergent points of view and to associate with whomever they choose. The University further recognizes the right of members of the public to enter the campus of the University and to engage in lawful and peaceful activities while there. It is the belief of the administration of the University of Oregon that encouragement of these rights will lead to a broader, richer education for its students. Rights do not exist without responsibilities, however. Nor is the University without an obligation to provide a safe, private, scholastic environment in which its students may pursue their studies without interference. To insure that both the rights and the responsibilities are satisfied as fully as possible, the University has adopted the following rules concerning public access to the campus. They are designed to strike a balance which will provide free access and protect the educational environment without sacrificing one to the other.

(1) Definitions. As used in this policy, the following definitions apply:

1. "Sale", "selling", or "purchasing" mean an activity which creates an activity or obligation to transfer property or services for a valuable consideration;
2. "Commercial solicitation" means any direct and personal communication in the course of a trade or business reasonably intended to result in a sale;
3. "Private sale" means occasional selling between persons who are campus students or employees;
4. "Commercial transactions" means selling or purchasing or both selling and purchasing by any person in the course of employment in, or in the carrying on of, a trade or business. To the extent a non-profit organization or charity is selling a tangible product or is offering a tangible product with the expectation of thereby obtaining an immediate and direct contribution, this aspect of the entity's activity shall be deemed for the purposes of this policy to be a commercial transaction;
5. "Interference standard" describes the basis on which University officials will make an activity impact judgement (i.e., extent to which an activity or proposed activity limits, impedes or makes more costly than normal the use or function of an area);
6. "Charitable solicitation" means any direct and personable communication in the course of the operations of a not-for-profit organization reasonably intended to result in a sale or monetary contribution;
7. "Not-for-profit organization" means any group of individuals, formally or informally organized for the purpose of promoting the well-being of the public at large or for benefitting an indefinite number of persons, including but not limited to educational, literary or scientific purposes, or for the prevention of cruelty to children or animals, or for the benefit of religion, rehabilitation services, public recreation, civic improvement or services which lessen the burdens on government, and also means any entity to whom a donation would qualify for a tax credit under ORS 316.102.

(2) Commercial and charitable solicitation and commercial transactions are prohibited on campus except upon written application by the vendor or solicitor and with written permission by the University President or the President's designated representative. The President has designated the Director of Erb Memorial Union as the Official designee to carry out the provisions of this policy. The Director of Erb Memorial Union shall, when the facilities affected are other than those of Erb Memorial Union, consult with the appropriate administrator:

(a) The application shall include:

1. The applicant's name, address, and tele-phone number;
2. The name, address, and telephone number of the company or organization represented by the applicant;
3. The purpose of the visit to campus;
4. The type of activity to be engaged in;
5. The duration of the visit; and
6. Any other information which is relevant to the granting or denial of permission to engage in the above-mentioned activities.

(b) Permission shall be granted if the proposed activity:

1. Aids achievement of the educational or cultural objectives of the campus;
2. Does not interfere with the operations of the campus;
3. Is not prohibited by law or rule or policy;
4. In the case of commercial solicitations and for-profit commercial transactions, pays the University a minimum of rental for use of space, or ten percent (10%) of gross proceeds, whichever is greater;
5. Does not conflict with terms of other contracts for sales or services already at the University;
6. In the case of commercial solicitations and for-profit commercial transactions does not continue more than two (2) days and is not a frequently requested privilege. In the case of charitable solicitations and not-for-profit charitable transactions which occur on a continuing or repeated basis, permission must be reobtained at the beginning of each academic term;
7. Does not conflict with similar sales or services offered by departments of the University.

(3) Any person granted permission under section (2) of this policy to engage in commercial or charitable solicitation or commercial transactions must abide by any time, place or manner restrictions which may be imposed as a condition to the granting of such permission. These restrictions include, but are not limited to, the number of presentations within a given period of time as determined by the Director of Erb Memorial Union in consultation with other University administrators whose unit may be affected.

(4) Commercial and charitable solicitation and commercial transactions are prohibited in all areas where such activity will, or is likely to, interfere with the normal functions of that area. Such areas include, but are not limited to:

(a) Individual student rooms, hallways, stairwells and lavatories in the dwelling areas and the interior and food service areas of dining rooms in residence halls. Use of residence hall lounges and meeting rooms will be allowed only with the permission of the Director of Housing (using an interference standard) and a majority vote of the residents of that unit. Use of dining hall lobbies will be allowed only with permission of the Director of Housing, applying the same standard;

(b) Classrooms, except with written permission of the Director of Erb Memorial Union and written consent of the instructor;

(c) Meeting rooms, auditoriums, or general assembly areas except with written permission from the Director of Erb Memorial Union;

(d) Libraries;

(e) Faculty and administrative offices; and

(f) Any other areas designated by the President or the Director of Erb Memorial Union on behalf of the President.

(5) Persons who violate the provisions of this policy shall be disciplined as follows:

(a) Members of the campus community shall be disciplined in accordance with the procedure which is appropriate with that person's status as a student, faculty member, administrator, employee, or other category;

(b) Non-members of the campus community shall be prohibited from entering upon the campus for purposes of commercial and/or charitable solicitation or commercial transactions for a period of not more than one year. Those who violate this prohibition shall be subject to trespass laws.

(6) Nothing in this policy shall affect private sales.

(7) Nothing in this policy shall affect advertising in campus newspapers, radio or television stations.

(8) Nothing in this policy shall affect commercial solicitations and commercial transactions by vendors providing sales and services to offices, employees or agents of the University of Oregon for the conduct of University business.

(9) Commercial and charitable door-to-door solicitation in Family Housing areas shall be managed as follows:

(a) Each person desiring to solicit door-to-door must fill out a request-to-solicit form at the area office once a year. Forms record applicant's name, address and telephone number; company name, address and telephone number; purpose of visit; type of activity and length of visit;

(b) The area director will file each request and will permit any person or group to solicit door-to-door once an academic term. Solicitors will receive a written approval pass which should be carried and displayed on request during the course of their visit to the Family Housing Area;

(c) Solicitors may return to established customers without reapplying for permission, but shall renew the request-to-solicit form the same month each year.

Introduction

To regulate access to University of Oregon Facilities, the President of the University designates the Vice-President for Finance and Administration or designee to administer the university's access control policy.

(1) Definitions. As used in this policy, the following definitions apply:

(a) "university" shall mean University of Oregon;

(b) "facility(ies)" shall mean any University building, house, room or area to which access is controlled by a key, electronic access device or by another device normally restricting access;

(c) "Grand Master Key" shall mean a key which opens all doors in two or more university buildings;

(d) "Master Key" shall mean a key which opens all doors in a university building;

(e) "Sub-Master Key" shall mean a key which opens more than one door in a portion of a University building;

(f) "Change Key" shall mean a key which opens a door within a university building;

(g) "Outside Door Key" shall mean a key which opens an exterior door of a university building;

(h) "Access Card" shall mean an ID card or similar object used in an electronic reader to permit access into a university facility;

(i) "Access Level" shall mean the software control uses to determine time and place an access card holder may enter a university facility.

(j) Access Control Devices, i.e. any system that controls access to a space, access cards, biometrics, key pad codes, etc.

(2) Regulation of Access:

(a) The issuance of all access control devices to university facilities shall be subject to the provisions of this policy;

(b) Campus Planning and Facilities Management (Lock and Door Shop) shall be the sole source for the making, duplicating, manufacturing, and cutting of all non-Housing university facility keys. The University Housing Director shall be responsible for access control devices to Housing Facilities. The University ID card services shall be the sole source for making and duplicating "Access Cards" for academic buildings. These departments or the departments' designees shall be subject to this policy and are responsible for maintaining accurate access control device issuance records, return records, access information, and access records;

(c) Persons to whom access control devices are issued for university facilities are issued are prohibited from duplicating such access control devices;

(d) Persons violating the university access control policy are subject to disciplinary sanctions;

(e) A three- or four-member Access Control Advisory Committee shall be appointed by the Vice-President for Finance and Administration each year. It shall be advisory to the Vice-President for Finance and Administration;

(f) Access to university facilities may be issued to departments, university faculty, staff, graduate assistants and students, and to non-university persons authorized in writing by the appropriate dean, director or department head to have access to university facilities;

(g) Departments shall designate a department designee to maintain accurate records of all keys issued to the department. An annual accounting of keys shall be filed with the University of Oregon Police Department Chief by June 30 of each year;

(3) Conditions of Issuance:

(a) A Grand Master Key or Master Key or equivalent access control device shall be issued to departments only upon the written authorization of the Vice-President for Finance and Administration or designee;

(b) A Sub-Master Key shall be issued only upon the written authorization of department head, director, or dean;

(c) A Change Key or equivalent access control device shall be issued only upon receipt of the standard key request authorization form issued by the university department to which key applicant is assigned;

(d) An Outside Door Key or equivalent access control device shall be issued only upon receipt of the standard key request authorization form issued by a department head, director, dean, or designated representative.

(4) Conditions of Access and Key Use:

(a) Any person or department issued university access control devices accepts the responsibility for immediately notifying the University of Oregon Police Department – Communications and Emergency Response Center and the person's immediate supervisor in the event the access control devices disappears, is lost, stolen, or otherwise misplaced;

(b) If the loss, theft, disappearance or misplacement of an access control devices requires the changing of a lock or locks, the cost of changing the lock(s) shall be borne by the responsible university department. Appeals for exception to this requirement may be made to the Access Control Advisory Committee;

(c) Grand Master and Master Keys are issued to departments not individuals and must be stored in secured locations when not in use.

(d) Authorized non-university persons, requiring short-term access to university facilities shall obtain needed at the direction of the Lock and Door shop and by providing appropriate payment. Keys for such short-term access shall be issued for a specified time period and must be returned to the issuing office as specified;

(5) Fees:

A fee structure for the issuance of access control devices will be maintained and reviewed annually.

Add link to fee book: http://pages.uoregon.edu/baoforms/bao_drupal_6/sites/brp.uoregon.edu/files/brp/fees/FY17_NonCourse%20Fees_final.pdf

Family Relationships and Employment

Appointments to positions at the University of Oregon (University) shall be based upon merit as determined by job-related qualifications:

(1) Discrimination in favor of candidates who are related to persons involved in, or with an effective influence upon, the selection process is prohibited:

(a) However, relatives of individuals already employed by the University may not be denied equal employment opportunity or advancement in employment on the basis of family relationships. For the purposes of this policy relatives includes spouse, child, stepchild, parent, grandparent, grandchild, brother, sister, son-in-law, daughter-in-law, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, mother-in-law, and father-in-law;

(b) No members of the faculty or administration shall participate in making recommendations or decisions involving the employment, compensation, promotion, leave of absence, grievance adjustment, termination, or in the supervision of their relatives without prior permission of their immediate supervisor.

(2) In unusual circumstances a Vice President may consider an appointment of a member of a prospective or current employee's family to a position for which there was no search. In such cases:

(a) An ad hoc committee will be convened by the Vice President to be composed of the Director of Affirmative Action, the chair of the Equal Employment Opportunity Committee, and one or more faculty representatives from the affected department;

(b) The committee so convened shall consider whether the appointment furthers the University’s affirmative action goals, and whether the individual considered is of the quality of the University of Oregon faculty;

(c) After its consideration, the ad hoc committee will consult with and advise the appropriate Vice President with whom the final appointment decision rests.

(3) An employee who has a grievance under this policy may invoke the University's grievance procedures including, if appropriate, referral to the Committee on Equal Employment Opportunity, as provided under OAR 571-003-0010. [Note: OAR 571-003-0010 did not exist at the time of the governance transition on 7/1/14, so there is no UO policy number replacing this reference.]

(4) A non-employee questioning the application of this policy may contact the Office of Affirmative Action, which shall provide information regarding available recourse.

(5) Nothing in this policy shall be construed to prevent the employment or advancement in employment of more than one member of a family in the same department or administrative unit, provided the decision to employ or advance has been made in accord with the other sections of this policy.

Required Immunizations

(1) All students at the University of Oregon must show proof of required immunizations as set forth by the University Health Center:

(a) Students will not be permitted to register for a second term without proof of required immunizations, consistent with the requirements of this policy, on record at the University Health Center;

(b) After the beginning of a term, registered students may be vaccinated at the University Health Center for a charge.

(2) Notwithstanding any other provision of this policy, students who are attending the University of Oregon pursuant to a non-immigrant visa must provide the University Health Center with documentation of required immunizations prior to attending classes. If the student's first dose of a required vaccine series was received less than 30 days prior to attendance, the student has until the beginning of the second term or semester to provide documentation of the completed vaccine series.

(3) Students seeking exemption from this requirement because of age, medical condition, or sincerely held religious belief shall complete and present an exemption form to the designated University Health Center official. Forms are available at no cost upon request at the University Health Center main desk.

(4) Students without evidence of required immunity to certain diseases or conditions may be excluded from classes and other university activities in the event of an outbreak involving University of Oregon students and/or staff.

A. Authority

Under the powers granted in ORS Chapter 352, the University has promulgated UO Policy establishing rules and regulations for student housing. Under this authority, the President of the University of Oregon has promulgated UO Policies to govern family housing.

B. Family Housing & University Apartments Community Advisory Board

(1) This policy creates the Family Housing & University Apartments Community Advisory Board (CAB) for family housing units and complexes at the University of Oregon.

(2) The CAB will review, advise upon, and recommend family FHUA policy as specified in this policy:

(a) Purposes of the Board. The CAB shall provide a vehicle for deliberate, systematic discussion, review, and dialogue in matters relating to FHUA among representatives of family housing residents, University Housing, faculty, and other students;

(b) Composition, Presiding Officer, and Selection of Members:

(A) The CAB shall be comprised of the following members:

(i) Two Spencer View area residents

(ii) One Graduate Housing residents

(iii) One East Campus area residents

(iv) Residence Life Coordinator (RLC) of FHUA;

(B) The Chairperson of the CAB shall be a member of the CAB in good standing and shall be elected by a majority vote of the entire CAB.

(c) Notification of Non-Emergency Action. When able, prior to a non-emergency action by University Housing, Housing will make efforts to inform the CAB of the impending action and solicit feedback from CAB members. Such areas might include

(A) Changes in rental rates in excess of a standardized across-the-board five percent annual increase. Individual East Campus unit rent adjustments may be implemented, after the unit is vacated, to recover renovation costs or to achieve rental parity with similar type units;

(B) Changes in the terms of the leases or rental agreements;

(C) Budget Reports. University Housing shall provide to the CAB at least annually for its review and comment the University Housing budget allocated to the respective FHUA areas.

(d) Procedures of the CAB. Procedures of the CAB will be gathered in a guiding operational document (CAB constitution).

(e) Individual residents shall retain their existing rights to interact directly with the University, including requests for additional services or expression of grievances.

C. Emergency Action

University Housing may act on its own initiative without notification of the CAB when time does not permit such notification. A notification of all emergency actions shall be sent to the chairperson of the CAB as soon as practicable.

D. Management Responsibilities

(1) The following matters shall be deemed exclusively management responsibilities and shall neither be delegated to resident organizations nor be subject to consultation with the CAB:

(a) Routine maintenance and repair, including preventative maintenance, restoration of damaged or destroyed elements or facilities, or anticipatory replacement of obsolete or high-maintenance existing equipment;

(b) Assignment of units to residents by the University and eviction within established policies;

(c) Eligibility for residing in FHUA facilities;

(d) Ensuring compliance with established fire, health, and safety regulations;

(e) Sanctioning non-compliance with city, county, state and federal laws and regulations, and policies promulgated by the University of Oregon as legally and functionally appropriate;

(f) Purchase of equipment, supplies and furniture

(2) The administration of the respective FHUA areas shall be conducted in accordance with rules or policies set forth by the University of Oregon pursuant to Oregon law and shall abide by all regulations respecting health, sanitation and safety as described by state law or local or city ordinances.

E. Delegation

The President of the University hereby delegates authority to the organizations and individuals designated in UO residence hall and family housing policies to carry out the provisions and responsibilities of these policies.

A. Policies and Procedures

The following policies and procedures embody the recommendations of a resident student/staff task force assembled in Spring, 1971. The task force's purpose was to examine and propose alternatives to the existing University of Oregon Student Conduct System as it applies to the residence hall students. This system has been in practice since Fall, 1971.

B. Preface

1) The laws of the state and nation and the ordinances and regulations of the University and local government are applicable throughout the campus, including University residence halls. Residence Hall residents as well as all other members of the student body, faculty, and staff are held accountable to these laws, ordinances, and regulations. Accordingly, law enforcement officials may be called in case of law violations involving residence hall residents.

(2) The safety of individuals, protection of state property, and maintenance of standards involving public health and sanitation are the responsibility of the Director of University Housing. The Director of University Housing reserves the right to evict students from the residence halls when violation of the above standards occurs. If interpretation of the extent of the Director of University Housing's responsibility is in question, the Vice-President for Student Life shall resolve the issue of jurisdiction.

Judicial procedures for violations of the code of student conduct shall follow those outlined in policy III.01.01, Code of Student Conduct.

C. Residence Hall Governance Structure

(a) The Residence Hall Association (RHA), the voice of the residents, relays ideas and feedback as a way of communication with University Housing; advocates for residence hall students; stimulates an environment of growth, learning, and development in the residence hall through programming and submits recommendations and ideas regarding policy to University Housing.

All University of Oregon students who reside in the university residence halls shall be members of RHA.

(b) The Residence Hall Association Council (RHA Council) is composed of the student chairperson, student vice-chairperson/secretary, treasurer, student advocate, National Communications Coordinator (NCC), the Assistant Director of Residence Life (RHA Advisor), one residence life professional staff member (Advisor), and a resident assistant for each of the residence halls. In addition, each residence hall will appoint or elect two student representatives to the RHA Council.

(c) The authority of the RHA Council is delegated through the Director of Housing, and operates within the parameters as outlined in the RHA Constitution, By-Laws and Addendum.

1 The University hereby issues the following temporary emergency policy under Policy I.03.01, section 9, in order to comply with ORS 243.804(4)(a) in providing student employee contact information to the UO Student Workers Union. 

The Student Records Policy (Policy No. III.05.03), available at https://policies.uoregon.edu/student-records-1 shall be modified as follows in bold/underlined font:

A. Introduction

The University of Oregon is required to comply with the federal Family Educational Rights and Privacy Act of 1974, as amended, and other federal and state laws governing access to and confidentiality of records and information pertaining to students. This policy is intended to inform students and others generally of their rights and guide the University in its management of student records and information. University employees should be mindful that only personal records demonstrably and substantially relevant to the educational and related purposes of the University, division or department should be generated or maintained.

B. Definitions

(1) "Act" means the Family Educational Rights and Privacy Act of 1974, as amended, its implementing regulations, and any official guidance issued by the U.S. Department of Education.

(2) "Directory information" means the student's name; mailing and permanent address(es); telephone number(s); electronic mail address(es); whether the student is or has been enrolled; enrollment status (e.g., full-time or part-time); dates of attendance; class level; cumulative credit hours; major and minor fields of study; participation in officially recognized activities and sports; and degrees, certificates, honors and awards received. For graduate teaching fellows, "directory information" also means status as a graduate teaching fellow and teaching assignment.  For student employees, for the sole purpose of providing the information on to the UO Student Workers union pursuant to ORS 243.804(4)(a), “directory information” also means that the student’s name, job title, salary, work site location, date of hire, telephone number, UO email address, and mailing address.

(3)

(a) "Education records" means those records that are:

(A) Directly related to a student; and

(B) Maintained by the University or by a party acting for the University.

(b) To the extent set forth in the Act, "education records" does not include the following:

(A) Sole possession records;

(B) Records of the Department of Public Safety;

(C) Records relating to an individual who is employed by the University, unless the individual is in attendance at the University and is employed as a result of his or her status as a student;

(D) Treatment records concerning a student that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity; and

(E) Records that only contain information about an individual after he or she is no longer a student at the University.

(4) "Legitimate Educational Interests" means a reasonable need to know information in the course of carrying out one's duties.

(5) "Personally identifiable information" includes, but is not limited to:

(a) The student's name;

(b) The name of the student's parent or other family member;

(c) The address of the student or student's family;

(d) A personal identifier, such as the student's social security number or student number;

(e) A list of personal characteristics that would make the student's identity easily traceable; or

(f) Other information that would make the student's identity easily traceable.

(6) "School Official" means a person employed by the University; a person or entity, including a governmental entity, with whom the University has contracted; a person serving on the University's governing board; or a student serving on an official committee or assisting another school official in performing his or her duties.

(7) "Student" means any individual who is or has been in attendance at the University and regarding whom the University maintains education records. An individual who is or has been a student at the University and who applies for admission at another component of the University does not have rights with respect to records maintained by that other component, including records maintained in connection with the student's application for admission, unless the student is accepted and attends that other component of the University.

(8) The following terms shall have the definitions contained in the Act: Attendance; Dates of Attendance; Disciplinary Action or Proceeding; Disclosure; Parent; and Record.

(9) The definitions contained in this section shall be deemed amended if and to the extent that the Act is amended.

C. Location and Custody of Student Records

Education records and official personal records shall be kept in locations central to the University or the division or department that maintains them. The control of such records should be assigned to designated personnel responsible for preserving the confidentiality of records. Education records may also be maintained by individual employees and others acting on behalf of the University. The Vice President for Student Affairs or his or her designee(s) is the custodian of all education records maintained by the University or on its behalf and shall have ultimate control of all education records. The Office of the Registrar is the initial point of contact for questions related to this policy. Subpoenas seeking education records are typically served on the University Registrar, and the Office of the Registrar should be informed whenever the University or a University employee is served with a subpoena seeking education records. If the University or a University employee is served with a law enforcement subpoena ordering that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed to the student, a copy shall be sent immediately to the Office of the General Counsel. No documents shall be released or information disclosed until University legal counsel determines that the subpoena is valid.

D. Access to Education Records by a Student

(1) Except as limited in Section F, a student must be given the opportunity to inspect and review the student's education records within a reasonable period of time but not more than 45 days from receipt of the request. The University will respond to reasonable requests for explanations and interpretations of the records. This policy does not require the University to provide a student or anyone else with an official transcript.

(2) The University shall not destroy any education records if there is an outstanding request to inspect and review them.

(3) Although the University is not required to give a student access to treatment records under Section B(3)(b), the student may have those records reviewed by a physician or other appropriate professional of the student's choice.

E. Fees for Copies of Education Records

Unless the imposition of a fee effectively prevents a student from inspecting and reviewing the student's education records, the University may charge a fee for a copy of a record that is made for the student. Unless set forth elsewhere in University rules or policies, the fee may not exceed twenty-five cents per page. The University will not assess a student a fee to search for or to retrieve the education records of that student.

F. Limitations on Access to Education Records

(1) If an education record contains information on more than one student, a student may inspect and review or be informed of only the specific information about that student.

(2) The University does not have to permit a student to inspect and review the following education records: financial records of the student's parents; and, under the circumstances described in the Act, confidential letters and statements of recommendation.

G. Disclosure of Directory Information

(1) The University may disclose directory information in compliance with the Act.

(2) Students may restrict the disclosure of all directory information by filing a completed Restriction of Directory Information form with the Office of the Registrar at any time during regular business hours. The restriction becomes effective as soon as is reasonably practicable and remains in effect until revoked in writing.

H. When Prior Consent Is Required for the Disclosure of Personally Identifiable Information from Education Records

Except as provided in the Act or other applicable law, the University will not disclose personally identifiable information from a student's education records unless the student provides a signed and dated written consent which specifies the records that may be disclosed; states the purpose of the disclosure; and identifies the party or class of parties to whom the disclosure may be made. The University will provide the student, upon request, with a copy of the records disclosed.

I. When Prior Consent Is Not Required for the Disclosure of Personally Identifiable Information from Education Records

The University may disclose personally identifiable information from an education record without the student's consent if one of the following conditions is met:

(1) The disclosure is to a school official who has a legitimate educational interest.

(2) The disclosure is to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll.

(3) The disclosure is to comply with a judicial order or lawfully issued subpoena and the University makes a reasonable effort to notify the student of the order or subpoena in advance of compliance so that the student may seek protective action. If the disclosure is to comply with a federal grand jury subpoena or any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed and University legal counsel has determined that the subpoena is valid, then the University shall not notify the student.

(4) The disclosure is in connection with a health or safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. This shall be strictly construed. The factors to be taken into account in determining whether this exception applies shall include the following:

(a) The seriousness of the threat to the health or safety of the student or other individual;

(b) The need for the information to meet the emergency;

(c) Whether the individuals to whom the information is disclosed are in a position to deal with the emergency;

(d) The extent to which time is of the essence in dealing with the emergency.

(5) The disclosure is information the University has designated as directory information.

(6) The disclosure is to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding conducted by the University with respect to that alleged crime or offense.

(7) The disclosure is in connection with a disciplinary proceeding at the University and the University determines that the student is an alleged perpetrator of a crime of violence or non-forcible sex offense; and the student has committed a violation of the University’s rules or policies with respect to the allegation made against him or her. The University may not disclose the name of any other student, including a victim or witness, without the prior written consent of the other student. This subsection applies only to disciplinary proceedings in which the final results were reached on or after October 7, 1998.

(8) The disclosure is otherwise in compliance with the Act or other applicable law.

J. Procedures for Seeking Amendment of Education Records

(1) Requesting Amendment of Education Records If a student believes the education records relating to the student contain information that is inaccurate, misleading, or in violation of the student's rights of privacy, he or she may ask the University to amend the record. Such a request shall be submitted to the University Registrar in writing and shall include at a minimum the following:

(a) If available, a copy of the record the student is seeking to amend;

(b) The specific amendment sought;

(c) The reasons why the student is seeking the amendment; and

(d) All evidence the student wishes the University to consider. The University shall decide whether to amend the record within a reasonable time after it receives the request. If the University decides not to amend the record as requested, it will inform the student of its decision and of his or her right to a hearing. The hearing will be informal but must meet the requirements of the Act.

(2) Results of the Hearing If, as a result of the hearing, the University decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall amend the record accordingly and inform the eligible student of the amendment in writing. If the University decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall inform the student of the right to place a statement in the record commenting on the contested information or stating why he or she disagrees with the University's decision, or both. Any such statement will be maintained with the contested part of the record for as long as the record is maintained and disclosed whenever the relevant portion of the record is disclosed.

K. Availability of Education Records for Research Purposes

Education records and information contained in education records may be disclosed to organizations conducting legitimate educational research, testing, accreditation, granting financial aid, or improving instruction if the records or information do not permit identification of students or parents and if the information is destroyed when no longer needed to carry out its specified purposes.

L. Records of the Department of Public Safety

(1) For purposes of this policy, "law enforcement unit" means the University of Oregon Department of Public Safety (DPS) and "DPS records" means those records, files, documents, and other materials that are: created by DPS; created for a law enforcement purpose; and maintained by DPS. "DPS records" does not mean: records created by DPS for a law enforcement purpose that are maintained by a component of the University other than DPS or records created and maintained by DPS exclusively for a non-law enforcement purpose.

(2) Nothing in the Act or this policy prohibits the University from contacting DPS, orally or in writing, for the purpose of asking that it investigate a possible violation of, or to enforce, any local, State, or Federal law.

(3) Education records, and personally identifiable information contained in education records, do not lose their status as education records and remain subject to the Act and this Policy while in possession of DPS.

(4) The Act and this policy do not require nor do they prohibit the disclosure by the University of DPS records.

M. Limitations on the Re-disclosure of Information

(1) Except as permitted in the Act, the University may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the student.

(2) Except where exempt under the Act, the University shall inform a party to whom disclosure is made of the Act's nondisclosure requirements.

N. Recordkeeping Requirements

(1) Except as provided in paragraph (3), the University shall maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student. The record shall be maintained with the education records of the student as long as the records are maintained. For each request or disclosure the record must include: the parties who have requested or received personally identifiable information from the education records; and the legitimate interests the parties had in requesting or obtaining the information.

(2) Disclosure of personally identifiable information from an education record with the understanding that re-disclosure may occur requires the following record of the disclosure: the names of the additional parties to which the receiving party may disclose the information on behalf of the University; and the legitimate interests which each of the additional parties has in requesting or obtaining the information.

(3) Paragraph (1) of this section does not apply if the request was from, or the disclosure was to: the student; a school official within the University with a legitimate educational interest; a party with written consent from the student; a party seeking directory information; or a party seeking or receiving the records as directed by a federal grand jury or other law enforcement subpoena and the issuing court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.

O. Permanence, Duplication, and Disposal of Student Records

(1) Individual education records shall be maintained only for the minimum period of time required to serve the official functions of the office generating and maintaining them. The records shall then be disposed of in a manner designed to assure confidentiality.

(2) The permanent retention of education records shall be limited to records that the President or the State Archivist determine to be of long-range value to the student or the University.

(3) Duplication of permanent education records shall be minimized. Duplicate permanent records shall be destroyed in accordance with this Policy.

P. Annual Notice

The University shall publish and distribute on an annual basis to students notice of their rights under the Act. Such notice shall comply with the applicable provisions of the Act.

The University of Oregon (“University”) is committed to the safety, health, and well-being of its campus community. The University recognizes that students may experience situations that significantly limit their ability to function successfully or safely in their role as students. In such circumstances, the University may encourage a student to take voluntary leave. However, when a student’s behavior renders the student unable to effectively function in the residential or educational community without harming themselves or others, or unduly disrupting the university community, the Associate Vice President & Dean of Students or their designee (hereinafter, Dean of Students) may, after a careful and collaborative review, place a student on mandatory leave in accordance with this policy.

A. Voluntary Leave of Absence

Voluntary leaves of absence shall be approved by the Dean of Students when determined to be in the best interest of the student or campus community. When the student is a graduate student, the student must also receive approval for on-leave status from the Graduate School. When considering a request for voluntary leave, the Dean of Students may request that the student submit a recommendation from their treatment provider, and may confer with other University officials, including without limitation, the Executive Director of the University Health Center (if the request for leave is based on a medical condition) or the Director of the University Counseling Center (if the request for leave is based on mental health conditions)

The University shall give students the option to take a voluntary leave of absence before a decision is made with respect to mandatory leave.

B. Mandatory Leave of Absence

The University may place a student on mandatory leave only in rare situations where current medical knowledge and/or the best available objective evidence indicates to the Dean of Students that there is a significant risk to the student’s health or safety or the health or safety of others, or the student’s behavior severely disrupts the University environment, and no reasonable accommodations can adequately reduce that risk or disruption.

Any assessment or action taken under this Policy will be based on legitimate safety concerns and not based on speculation, stereotypes, or generalizations about individuals with disabilities.

Before placing any student on mandatory leave, the University will conduct an individualized assessment, consulting with the Executive Director of the University Health Center (if the request for leave is based on a medical condition) or the Director of the University Counseling Center (if the request for leave is based on mental health conditions) or both (if the Dean of Students believes information from both directors would be useful).

The following shall apply to any determination involving mandatory leave:

1. The Dean of Students shall issue a notice to the student in writing that a mandatory leave of absence is under consideration. The notice shall include the reasons why the student is being considered for mandatory leave and a copy of this policy. The notice shall also inform the student of the opportunity to meet with the Dean of Students before a decision is made, and to have a personally-selected representative accompany the student to the meeting. The meeting may take place in person or via technology, as appropriate.

2. The Dean of Students shall set a date and time for a meeting with the student. The purpose of this meeting is to gather information relevant to the final decision. The student may be accompanied to the meeting by a personally-selected representative. At the meeting, the student shall have an opportunity to provide information that may be relevant to the Dean of Students’ recommendation. The student may also ask others to provide information on their behalf regarding whether their behavior substantially threatens the welfare of self or others and/or significantly disrupts the functioning of University operations. Should the student elect not to attend the meeting, the process will proceed without the benefit of the student’s input, with the Dean of Student’s evaluation based on the information otherwise available.

3. The Dean of Students will consider potential accommodations and/or modifications that could obviate the need for a mandatory leave of absence, such as the option to take a voluntary leave of absence, academic accommodations, and housing and dining accommodations.

4. The Dean of Students will confer, as feasible and appropriate, with one or more of the following individuals regarding the need for mandatory leave:

• The Executive Director of the University Health Center;
• The Director of the University Counseling Center;
• Other licensed medical professionals or treatment providers, with appropriate authorization;
• University Housing;
• Department heads, deans, or faculty members;
• Academic advisors;
• The Behavioral Evaluation & Threat Assessment (BETA) team; or
• Such other individuals as may be appropriate in an individual matter.

5. The student may be asked to consent to a release of the student’s medical or mental health information from a treatment provider, when there is a need for the University to have access to that information as part of the individualized assessment. If a student refuses to execute the consent form or to respond to the request, the Dean of Students may proceed with the assessment based on information in the Dean’s possession at the time. In certain circumstances, the University may require the student to undergo an additional evaluation by an independent and objective professional designated by the University, if the Dean of Students believes it will facilitate a more informed decision.

6. Following these consultations and based on a review of the relevant documentation and information available, the Dean of Students will make a decision as to whether the student should be placed on a mandatory leave of absence, and will provide written notice of this decision to the student. The Dean of Student’s determination may include (a) that the student remain enrolled with no conditions; (b)that the student remain enrolled subject to conditions (for example restricting access to particular University programs, services, student housing, or other facilities); or (c) that the student be placed on a mandatory leave of absence. If the University’s decision is to allow the student to remain enrolled subject to conditions, then the student’s failure to comply with the conditions may, after appropriate consideration, result in the imposition of a mandatory leave. If the University’s decision is to require a mandatory leave of absence, the decision will indicate the length of the leave and, in consultation with the student’s college or department, describe the conditions (if any) under which the student may seek to return from leave. The written notice of decision will include information about the student’s right to appeal. For decisions affecting a graduate student, the Dean of the Graduate School must agree with any determination imposing mandatory leave.

7. A student may appeal the Dean of Student’s determination regarding mandatory leave or the conditions placed on the Student’s return to the Vice President for Student Life or designee (“Vice President”). Such an appeal must be filed within 14 days. The Vice President shall review all available information provided by the Dean of Students and the affected student and may request an opportunity to request additional information from the Dean of Students and the affected student. After reviewing the matter fully, the Vice President will issue a written decision affirming, modifying, or reversing the decision. The Vice President’s decision shall be final, and no other appeals or grievance procedures are available.

C. Emergency Leave

If the Dean of Students has reason to believe, based on the information available, and in consultation with the Executive Director of the University Health Center (for behavior based on medical issues or emergencies) or the Director of the University Counseling Center (for behavior based on mental health issues or emergencies) or both (if the Dean of Students believes information from both directors would be useful), that the student’s continued presence on campus poses an imminent threat of significant harm to him or herself or to others in the community, the Dean of Students may take emergency action to remove the student from campus pending evaluation for mandatory leave. This Emergency Leave may include exclusions from class, campus, or student housing, or from all University activities.

At the time that the emergency action takes place, the Dean of Students shall (1) inform the student of the reason for the emergency action, (2) give the student the opportunity to explain why the emergency action need not be taken, and (3) inform the student that the meeting outlined in Section B above will take place within three business days of the emergency action if the student is available, or if the student is unavailable for medical reasons, within three business days after the student becomes available.

D. Involvement of Emergency Contacts

Although rare, the Dean of Students may need to contact a student’s emergency contact for students who are experiencing medical emergency. The decision to notify a student's emergency contact in the case of a medical or mental health emergency will be weighed carefully against the student's privacy rights and other relevant information and will be done consistent with the requirements of state and federal law and university policy.

E. University Duties of Refund and Other Academic Alternatives

When a student is on leave pursuant to this policy, the Dean of Students is authorized to instruct the University Registrar, when necessary, to withdraw the student immediately and to initiate the appropriate tuition and fee refund according to the University refund schedule, or explore and/or implement alternative or additional reasonable accommodations, as may be warranted in the circumstances.

F. Resumption of Student Status

Prior to returning to the University or enrolling at the University, a student who has been placed on leave as a result of emergency procedures, voluntary leave, or mandatory leave must produce a plan in writing that delineates how the student will resume their status at the University.

The plan must respond to the condition that gave rise to the need for the student's leave (i.e., need for ongoing psychological or medical care; ability to maintain a standard of responsibility and self-care; ability to assume class participation.) If the student will reside in the residence halls, the plan must also state how the student will transition back into this community.

The Dean of Students will review the student's plan and meet with the student. The Dean of Students may require the student to provide evidence that the student, with or without reasonable accommodations, has sufficiently addressed the issues that previously established the criteria for imposing mandatory leave. The Dean of Students may consult with the Executive Director of the University Health Center (for behavior based on medical issues or emergencies) or the Director of the University Counseling Center (for behavior based on mental health issues or emergencies), and/or other professionals before rendering a decision.

If the Dean of Students is not satisfied that the student is ready to return to the University, the student will be notified in writing of the decision, including the reasons for the decision, within a reasonable time after the student has submitted a request for reenrollment and required documentation. A student who is not permitted to return may appeal the decision to the Vice President for Student Life within 14 days, and the Vice President for Student Life shall issue a final determination.

G. Confidentiality

All records concerning leaves of absence will be kept in accordance with the Student Records Privacy Policy and other applicable university policies. The student’s transcript will indicate only the notation of “leave of absence.”

A. Authority

This Policy concerning faculty records conform to and are governed by ORS 351.065 and the policies of the University of Oregon (University).

B. Definitions

(1) "Directory Information" is that information generally needed in locating a particular academic staff member, including information found in the University Catalog, Time Schedule of Classes, and Telephone Directory.

(2) "Records of Academic Achievement" are limited to the information as to the number of credits earned toward a degree or in post-doctoral work, and certificate(s), diploma(s), license(s), and degree(s) received.

(3) "Salary Information" shall include the rate of pay and terms and conditions of employment.

(4) "Personal Records" are all other records containing information concerning an academic staff member, apart from those identified above.

Personal records include but are not limited to: Information kept by the University, college, or school, department or division concerning a specifically identifiable faculty member and furnished by the staff member or by others at the University's, college's or school's, department's or division's, or at the staff member's request. Personal records include but are not limited to: information as to discipline, counseling, membership activity, other behavioral records, professional preparation and experience, professional performance (e.g., assignment and work-load, quality of teaching -- including records tabulated from students' classroom survey evaluations -- research, and service to the institution), personnel data relating to such matters as promotions, tenure, leaves, retirement credits and the like, and professional activities external to the institution, including but not limited to, awards, recognition, research activity, or travel.

C. Faculty Records – Restrictions on Use

(1) Directory Information, Records of Academic Achievement, and Salary Information, as defined within Section B, may be released upon request and without the faculty member's consent.

(2) Personal records, as defined in Section B, are hereby designated as confidential in order to protect privacy rights in an adequate educational environment. Access to personal records shall be restricted as hereinafter set forth in Sections E, F, G, and H.

D. Faculty Records – Restrictions on Content

(1) Only such records as are demonstrably and substantially relevant to the educational and related purposes of the University, college or school, division or department, shall be generated and maintained.

(2) No faculty member shall be required to give -- although the staff member may voluntarily provide -- information as to race, religion, sex, political affiliation or preferences, except as required by valid state or federal laws, rules, regulations, or orders. In those instances in which the faculty member is asked for such self-designation for any purpose (including federal requests for information), the request shall state the purpose of the inquiry and shall inform the individual of the right to decline to respond. Except as the faculty member makes the foregoing information available, there shall be no designation in faculty personal records as to the faculty member's race, religion, sex, or political affiliation.

E. Personal Records – Restrictions on Access

(1) Personal records (except privileged psychological and medical records which are subject also to additional restrictions on access) shall be available only to University personnel such as faculty administrators, students and others serving on official institutional committees or in other official institutional capacities who have a demonstrably legitimate need for particular information in order to fulfill their official, professional responsibilities.

(2) Contents of personal records shall also be available to the faculty member who is the subject of the records as herein provided, in Section F and for research purposes as provided in Section G.

(3) Personal records may not be released to any other person or agency without the faculty member's written consent, unless upon receipt of a valid subpoena or other court order or process or as required by valid state or federal laws, rules, regulations, or orders.

(4) Upon receipt of a subpoena or other court order or process seeking access to faculty personal records, the recipient, if legally permissible, must take reasonable efforts to notify the subject faculty member and must notify the President or his designated representative prior to any institutional responses. The latter will determine whether or not appropriate University personnel should appear in court to test the validity of the subpoena or court order or process.

(5) The appropriate Vice President shall have the authority to determine the legitimacy of any disputed request for access to the personal records of a faculty member.

F. Personal Records – Access by Subject Faculty Member

(1) Each faculty member shall be provided full access to his or her personal records, as defined in Section B as designated confidential in Section C and maintained according to the provisions of Sections H and I, except as limited below in this Section F. Such records shall be made available for inspection or copying at a reasonable time and place upon request to the custodian of said records.

(2) Evaluative statements submitted in confidence by individuals prior to July 1, 1975, or prior to employment of the faculty member if after July 1, 1975, to the University, college or school, division or department, either at the request of the faculty member or at the request of the President or a Vice President, Dean, Division or Department Head, concerning the subject faculty member's teaching or other professional performance, scholarship, or service, and supplied with the understanding that the substance of the evaluative statement will be available to the subject faculty member upon request, shall be maintained as part of the faculty member's personal records, but the identity of the evaluator shall not be revealed to the subject faculty member.

(3) Upon the request of the subject faculty member, if employed prior to July 1, 1975, the full text of evaluative statements supplied prior to July 1, 1975, shall be made available to him or her by the appropriate Vice President, Dean or Department Head except that portions of the text which would serve to identify the contributor shall first be excised by a three- person subcommittee of the Faculty Personnel Committee (or three faculty members acting as its designees) and placed in the confidential file permitted by University policy. Also upon request of the faculty member, the same subcommittee shall examine the contents of the faculty member's confidential file to verify that it contains only those excised portions defined in this section. The committee shall have the authority to require that any other material be removed from the confidential file. Upon request of the faculty member, the same subcommittee shall examine the contents of the faculty member's closed personal records to verify that the staff member has been given the text of all statements therein, and if not, they shall provide the faculty member with a statement of the substance thereof.

(4) Confidential letters or other information received by the institution, school, department, or division after July 1, 1975, prior to the employment of a faculty member, shall be placed in the evaluation files relating to the faculty member. If the applicant is not employed, the confidential information submitted concerning the applicant shall remain confidential. If an applicant who is employed requests access to his or her files, the anonymity of the contributors of confidential preemployment letters and other preemployment information shall be protected. The full text shall be made available by the appropriate Vice President, Dean, or Department Head, except that portions of the text which would serve to identify the contributor shall be excised and retained in the confidential file permitted by University policy.

(5) A faculty member shall be entitled to submit, for placement in his or her files, evidence rebutting, correcting, amplifying or explaining any document contained therein and other material which the member believes might be of assistance in the evaluation process.

(6) A copy of the regular written evaluation of the faculty member made by the supervising administrative officer, shall be given to the faculty member, and a copy of the evaluative statement, duly signed by the faculty member signifying that the staff member has been given a copy thereof shall be placed in the faculty member's personal records. Each such regular written evaluation shall contain or have attached to it a statement to the effect that:

(a) At the faculty member's option the evaluative statement may be discussed with the evaluating administrator and that;

(b) The substance of any confidential evaluative statements in the closed portion of personal records shall be made available to the faculty member upon request and that;

(c) The faculty member may have entered into the staff member's personal records a rebuttal, refutation, or explanation of any regular written evaluation or any confidential evaluative statement therein.

(7) Any evaluation received by telephone shall be documented in each of the faculty member's files by means of a written summary of the conversation with the names of the conversants identified.

(8) Except as provided in ORS 351.065, the University and its subdivisions when evaluating its employed faculty members shall not solicit or accept letters, documents, or other materials, given orally or in written form, from individuals or groups who wish their identity kept anonymous or the information they provide kept confidential.

(9) If the institution, school, department, or division solicits or accepts student evaluations of the classroom or laboratory performance of a faculty member, such evaluations or surveys shall be conducted anonymously. The record of reports tabulated from student evaluations shall be placed in at least one of the evaluation files defined in University policy. All survey instruments from which evaluation data are obtained shall be delivered to the faculty member. No other evaluative material shall be accepted from students unless the students are first clearly informed that the faculty member will have access to such material and that the anonymity of the student cannot be preserved.

(10) The appropriate Vice President shall be the person to whom requests for information shall be addressed under University policy concerning personnel actions affecting categories of faculty members where such actions appear to have relevance to the case of the faculty member making the request for information. The supplying of such information may be limited where the burden of complying with such requests would unreasonably impede the normal functioning of University business.

G. Personal Records – Access for Research Purposes

Information about faculty members for research purposes may be provided, contingent upon the existence of adequate provisions to conceal from the person(s) doing the research, the identity of the individual faculty members whose personal data or information are being included in the research. Research requests may also be limited where the burden of complying with such requests would unreasonably impede the normal functioning of University business. If the confidentiality of faculty personal records would be jeopardized in any way by the release of the information for research purposes, the written consent of the faculty member must be obtained prior to the release of information. All such requests for information must be submitted to the Vice President for Academic Affairs and Provost, who will obtain the approval of the appropriate faculty committee on human research before releasing any information from personal records for research purposes.

H. Personal Records – Location and Custody

(1) All faculty personal records shall be kept within the Vice Presidential, College or School division, or department offices in which they are utilized.

(2) Each Vice President, Dean, Director, or Department Head shall be the official custodian of the personal records contained within the operating unit, unless another person is specifically designated, in writing, by such Vice President, Dean, Director, or Department Head, to assume his responsibility.

(3) The custodian of personal records shall maintain them in a manner which shall insure their confidentiality and security.

(4) Any person, including administrative and clerical personnel, seeking access to personal records for authorized purposes, shall first secure the consent of the custodian.

(5) The term "file" as used in this section is understood to mean a physical repository containing comprehensive personal records relating to a faculty member's qualifications, competence, and performance in his or her professional capacity. The number of files relating to the evaluation of a faculty member, or to each component of the separate assignments of faculty members with split or joint appointments, shall be limited to a total of three, except for a file designated pursuant to University policies for the maintenance of material properly held confidential or excised from other records. All files shall be kept in designated and accessible places.

I. Personal Records – Permanence, Duplication, and Disposal

(1) The individual faculty member's personal record shall be maintained only for the minimum period of time required to serve the basic official functions for which the records were generated.

(2) The permanent retention of faculty personal records shall be limited to those which the President, the University Archivist, or the State Archivist shall determine to be of long-range value to the individual faculty member, to the University, or to the public.

(3) Duplication of permanent faculty personal records shall be permitted only when such records are required to serve the official functions of the office which maintains them and when the custodian has given his consent.

(4) Duplicate permanent records, evaluative statements and other similar personal records not designated for permanent retention shall not be maintained for a period longer than ten years without the approval of the President or the President's designee. All such records which have been maintained for a period of twenty years shall be disposed of in such a manner as to protect their confidentiality.

J. Fee for Copies

Where a faculty member requests copies of materials under Sections F and G, the University may charge a reasonable fee, not to exceed the actual cost of providing the material.