Fund Raising

Reason for Policy: 

This policy outlines certain regulations pertaining to fund raising on campus, for university purposes, with university resources, and similar matters.

Entities Affected by this Policy: 

All students and employees of the UO

Responsible Office: 

For questions about this policy, please contact Student Life at 541-346-3216 or University Advancement at 541-346-3016.

Enactment & Revision History: 

3 September 2015 - Technical revisions enacted by the university secretary

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

Former Oregon Administrative Rule Chapter 571 Division 11

Policy: 

A. Fund Raising, Generally

All solicitation of funds from students for whatever purpose is prohibited unless authorized by the chief executive of the University of Oregon (University):

(1) Fund raising refers to activities which intend to raise monies through the solicitation of donations, the charging of admission, or the selling of goods and/or services. The authority to approve or disapprove all activities and requests involving solicitation of funds or fund raising for whatever purpose on the University campus is vested in the University President. The reference to selling of goods and/or services herein pertains only to sales by and for the direct benefit of the University, or its divisions, departments or units.

(2) For student groups, the University President has delegated fund raising authority as outlined in Policy 571.011(B).

(3) The campus mail service may be used only for University fund drives authorized by the University President or the President's authorized representative.

(4) The University President has authorized participation by University employees and students in the annual fund drive of the Lane County United Appeal. The President has also authorized fund drives by the University of Oregon Development Fund, with donations to be designated for general purposes of the Fund or for any specific purpose of the Fund.

(5) Each University administrative unit may charge admission for cultural activities assigned to its field of responsibility presented in facilities assigned to that unit. Other University fund raising activities by administrative units must receive the prior approval of the responsible dean or vice president. Employee groups shall apply to the Director of the Erb Memorial Union for approval of fund raising activities.

(6) In order to eliminate duplication of effort, deans, department heads, and employees shall obtain approval from the Director of Development before approving or engaging in fund raising off the campus.

(7) All funds received by University administrative units shall be deposited in appropriate accounts under regulations issued by the Director of Business Affairs. Information concerning the administration of gifts to the University and to the University of Oregon Development Fund may be obtained from the Director of Business Affairs.

(8) Sales of products at designated campus locations may be held at times scheduled and approved by the Director of the Erb Memorial Union. Persons or groups selling products at non-authorized times and locations may be subject to eviction proceedings or other penalties.

B. Fund Raising on Campus by Student Groups

(1) For the purpose of this Policy, the term "fund raising" shall refer to those events and activities by student groups which raise monies through the solicitation of donations, the charging of admission, or the sale or exchange of products or services. The reference herein to the sale or exchange of products or services is not intended to include instances of commercial solicitations or commercial transactions as described in UO Policy 571.050.0030even if the sale or transaction is consummated by one or more members of a student group.

(2) The authority to approve or disapprove all activities in requests involving the solicitations of funds or fund-raising from students for whatever purpose is vested in the University President by applicable policies (see UO Policy 571.011(A)).

(3) No student organization shall engage in fund raising except pursuant to prior approval in compliance with these regulations.

(4) The University President hereby delegates his approval authority for student fund raising as follows:

(a) All fund raising on the premises, grounds, and in the facilities of the Erb Memorial Union (EMU) shall require the prior approval of the Director of the EMU. The EMU Director may subdelegate in writing all or part of such approval authority to the EMU Board or to the President of the Associated Students of the University of Oregon (ASUO);

(b) For all other student fund raising activities on the campus, recognized and registered student organizations shall apply to the Director of the EMU for approval. Authority for approval of such activities may be delegated to the ASUO President by the Director of the EMU in writing;

(c) The University President reserves the right to revoke and/or exercise any of the powers herein delegated if at any time the University President determines that the responsibilities delegated have not been met. The EMU Director shall also reserve the right to revoke and/or exercise any of the powers subdelegated if at any time the EMU Director determines that the responsibilities subdelegated have not been met.

(5) All student fund raising activities shall comply with the following restrictions:

(a) The application must state a description of the event, the purpose of the event, where the funds will go, and specifically, the use to which funds will be put;

(b) The time and place of the event must be scheduled by the sponsoring group with the University Scheduling Officer at the EMU;

(c) Except in respect to lectures or appearances of individuals or groups on the campus officially sponsored by the University for the educational and cultural development of students, funds raised shall not be paid to or retained by any individual. This shall not prevent the leasing of space at the University to sellers of personally handicrafted non-food items, the sale of which adds to the educational and cultural development of students;

(d) The only acceptable uses to which funds raised on campus by students or student groups may be put are:

(A) For the cultural and educational enrichment of the University community;

(B) For the benefit of the student fundraising organization, in line with its statement of purpose filed at the time of registration or recognition as a student organization or as thereafter updated; or

(C) For donation to legitimate charitable organizations. The decision of the legitimacy of a specific charitable organization rests with the EMU Director or, upon delegation, with the ASUO President.

(e) Except for lease of retail space (see IMD 7.160), facilities located on University property shall not be used for the purpose of private gain (see IMD 7.155) [Editor’s Note Only: OAR 580-050-0035 was no longer in existence as of the governance transition of 07-01-14];

(f) The use of facilities must comply with the Oregon State Board of Higher Education statement respecting partisan political activities, September 8, 1970.

(Minutes OSBHE Meeting #389-41, 9/8/70, p. 685) ". . . the Board has said, and now reiterates, that the facilities, equipment, supplies, and other resources of its institutions must not be diverted to partisan political use. This affirmation is not intended to interfere with the traditional use of campus facilities as public forums nor with the political rights of faculty members and students. Nor is it intended to modify relationships with any of the duly recognized student organizations on campus, including the Young Republicans and Young Democrats, and any other political groups characteristically functioning on the campuses. What it seeks to avoid is the colleges and universities becoming agents of direct political action . . ."

(g) Sponsoring student organizations shall utilize ticket controls and audit procedures prescribed by the EMU staff for all student fund raising events to ensure that student fund raising regulations are met;

(h) All student fund raising events involving the sale of products or services must in addition receive the prior approval of the EMU Director;

(i) The failure of a student organization to comply with these procedures shall be grounds for the denial for subsequent privileges of use of University facilities to the non-complying organization or to the individuals who have acted on its behalf.

(6) In all cases of fund raising, applicant student organizations shall file written applications on the forms provided.

(7) Funds raised shall be deposited in the appropriate account:

(a) Registered and recognized student organizations using facilities owned or operated by the University for fund raising shall deposit those funds in a Trust Fund Account in the Erb Memorial Union;

(b) Funds raised by University-affiliated programs, organizations, or departments, i.e., ASUO and its agencies, EMU programs, residence halls, University departments and the like, shall be deposited in the appropriate EMU account, University departmental account or Trust Fund account;

(c) Tickets available from the EMU shall be used by both recognized and registered groups where admission is charged.

(8) Student organizations engaged in fund raising shall file a financial report seven days before the end of each term, or within seven days after any fund raising event in which gross receipts exceed $1,000. The report shall provide detail of the amount of funds raised, itemized expenditures, a net balance, and shall itemize the uses to which the balance has been or will be put. Two copies of the report shall be filed on the appropriate forms. One copy shall be submitted to the EMU Director and one copy shall be submitted to the ASUO President. Failure to file a true and accurate report shall constitute:

(a) Grounds for denial of future permission to utilize the University facilities to the student organization, to the individuals who have acted on its behalf, and to the scheduling member;

(b) A basis for prosecution under the University of Oregon Code of Student Conduct; and

(c) Grounds for any other remedies afforded by law for misappropriation of funds or misuse of property.

(9) The University President, the EMU Director, or upon delegation, the ASUO President shall reserve the right to review any fund raising event sponsored by a University student group. A representative of the group may be required to meet with the University President, the EMU Director, or the ASUO President to give information about the event.

C. Delegations of Authority to ASUO

(1) The Associated Students of the University of Oregon (ASUO), acting through the ASUO President, shall exercise the following authority, which is hereby delegated by the University President:

(a) To formulate general policies relating to student organizations and on-campus extra-curricular activities;

(b) To grant recognition to student groups, or to withdraw recognition from them, as a basis for use of certain campus facilities by said groups;

(c) To develop criteria to "guide" the University calendar and scheduling officer (who is Director of the Erb Memorial Union) in scheduling campus student events and programs.

(2) The ASUO President may exercise the delegated powers directly, or may appoint an administrative body representative of the University community to assist in the administration of such delegated responsibilities. The ASUO President shall notify the University President in writing of the mechanism by which the ASUO President will exercise these delegated responsibilities.

(3) This delegation is subject to any policies and administrative arrangements which may be subsequently established by the University President or the faculty of the University. The University President reserves the right to revoke and/or exercise any of the powers herein delegated if at any time the University President determines that the responsibilities delegated have not been met.

(4) The student activity regulations (see Memo 17.030) policies governing the EMU facilities and grounds, and scheduling policies (see Memos 18.010 through 18.080) shall remain in full force.

(5) The Director of the Erb Memorial Union is delegated by the University President full authority for the supervision, management, and operation of the EMU, its immediate premises, and its programs, subject to the provisions of any governance document agreed to by the University President.

D. Use of University Facilities

(1) Users must schedule facilities in advance with the scheduling office, providing reasonable advance notice.

(2) All health, safety, fire, and other regulations must be observed.

(3) Additional costs incurred by janitorial or other services must be reimbursed to the University.

(4) Any user may be required by the Office of Business Affairs to render the University safe and secure from all claims of damage or liability by posting a bond or by other means.

(5) Scheduled activities must not disrupt or interfere with classes or other scheduled activities.

(6) Any user may be required by the scheduling office to meet other additional conditions necessitated by the nature of the requested use.

(7) Use of facilities does not in any way imply that the University endorses, encourages, or approves the purposes of the users.

(8) Classes, registration, and other academic uses take priority over all other uses of all facilities. Academic activities are defined as registration, commencement, workshops, and classes of the schools and colleges of the Division of Academic Affairs, and do not include cultural events, athletics, and extra-curricular events, or practice or preparation times for such events.

(9) Departments have priority for nonacademic use of space in their own departments for uses related to their own field of responsibility.

(10) Responsibility to the University President for proper non-academic use of University space is assigned to the administrator in charge of each facility, or to the Director of the Erb Memorial Union when no single administrator is so assigned. The administrator in charge of each facility is responsible for approval of the use of that facility for non-academic purposes.

(11) Administrators and directors of facilities that are scheduled for public events shall make available written guidelines for such use. Users shall be subject to the terms and conditions of such guidelines.

E. Use of Department of Intercollegiate Athletics Facilities

(1) Events using facilities under the jurisdiction of the Department of Intercollegiate Athletics must be scheduled at that Department's event scheduling office to insure that the date of an event will not conflict with other previously scheduled programs.

(2) A contract to use a Department of Intercollegiate Athletics facility must be signed by a responsible officer of the organization, group, or department seeking such use and a certificate of insurance shall be provided by non-University users in compliance with University contract requirements. Users of McArthur Court are also required to inform the Fire Marshal of the City of Eugene that they have assumed full responsibility for strict adherence to the fire laws and code of the State of Oregon.

(3) A schedule of rental fees is established by the Director of Intercollegiate Athletics and is published in Policy 571.060(A).

(4) Registration and other academic uses of McArthur Court will take priority over all other uses (see Section D).

(5) Non-academic athletic uses of McArthur Court have priority over other non-academic uses, except as noted in subsection (6) of this section.

(6) The Director of Erb Memorial Union, or the Director's representative, shall have priority during the academic year (September 16 through June 15) to schedule events in McArthur Court at any time the facility is not in athletic or academic use. Any commitment made by the Department of Inter-collegiate Athletics for use of McArthur Court by the Erb Memorial Union shall not be subject to later changes by the Department of Intercollegiate Athletics. Adequate preparation time shall be provided by the Department of Intercollegiate Athletics for all cultural events scheduled in McArthur Court, with the amount of such preparation time to be specified in the prior commitment for use.

(7) The Director of Intercollegiate Athletics, or the Director's representative, may schedule non-athletic events in McArthur Court, but only in the summer vacation period between the first day following the June Commencement and the day before the first day of Fall term registration, inclusive. The Director of Intercollegiate Athletics, or the Director's representative, may also schedule one non-athletic event in McArthur Court during the Thanksgiving vacation period, the winter vacation period, and the spring vacation period. Any number of performances by one performer or group within 72 hours in those vacation periods will be regarded as one event. The Director of Intercollegiate Athletics shall consult with the Erb Memorial Union Director before scheduling non-athletic events in McArthur Court. The consultation should include discussion of scheduling conflicts, ticket prices, and student admissions. Final decisions will be made by the Director of Intercollegiate Athletics.

(8) The Director of Intercollegiate Athletics is responsible to the University President for the proper use of McArthur Court for non-academic use of the facility. The Director of Intercollegiate Athletics may, at the Director's discretion, require users to post a bond in advance or meet other additional conditions (see Section D). If, while an event is being presented, the Director of Intercollegiate Athletics finds such users are not using the facility in a safe, legal manner, the Director may ask the Director of Campus Security to close the event:

(a) All users must pay costs involved, including but not limited to costs of setting up stages or supplemental seating, services of custodians, installation of public address systems, and the use of other standby labor;

(b) The Department of Intercollegiate Athletics, the Erb Memorial Union and its components, the Associated Students of the University of Oregon and its components, are exempt from any rental fee;

(c) The use of the Department of Intercollegiate Athletics facilities by non-University organizations shall follow the guidelines established by the Department under Section B(11).

(9) All fund raising conducted during intercollegiate athletic events must receive prior approval from the Director of Intercollegiate Athletics and shall comply with Sections A and B.

(10) Signs and banners of materials that do not create a safety or fire hazard may be displayed at any time an athletic facility is open to the public:

(a) In areas outside a stadium or arena, signs and banners may not be affixed to Department of Intercollegiate Athletics property or facilities and signs and banners may not impede pedestrian or vehicular traffic at parking lot entries, within parking lots, at or on driveways, at or on facility approaches or aprons or at entry gates;

(b) Inside Department of Intercollegiate Athletics facilities or areas signs or banners without sticks or poles, etc. are allowed so long as they do not obstruct the field of vision of other members of the audience.

Chapter/Volume: 
Original Source: 
Oregon Administrative Rule

Parking

Policy Number: 
IV.08.02
Reason for Policy: 

This policy outlines parking regulations relating to the University of Oregon, including items such as permits, changes to policy, violations, etc.

Entities Affected by this Policy: 

All students and employees of the UO; visitors to the UO

Responsible Office: 

For questions about this policy, please contactTransportation Services at 541-346-5444.

Enactment & Revision History: 

10 July 2019 - Technical revisions enacted by the university secretary

20 September 2017 - Revisions enacted by the president and policy renumbered

03 September 2015 - Technical revisions enacted by the university secretary

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

Former Oregon Administrative Rule Chapter 571 Division 10, Sections 0005 through 0065

Policy: 

All vehicular parking provided by the University of Oregon is available on a fee basis and at rates published annually after approval through the University’s process for Special Fees, Fines, Penalties, and Service Charges.Eligibility for parking permits, information specific to permit rates and refunds, regulations on use of University parking areas, enforcement, violations, and the citation appeal process, as well as bicycle registration and parking, are published in the University’s Parking Regulations.Transportation Services shall maintain and publish said parking regulations.

 

All members of the University community and all visitors to the campus are responsible for observing the University’s Parking Regulations and for all University parking violations involving the vehicles and bicycles they drive, own, or register, regardless of who is operating the vehicle. These regulations shall be accessible to any person who is operating a vehicle or bicycle on the University of Oregon campus.

 

Any faculty, staff, student, or visitor may present in writing recommendations for changes to the campus parking regulations. Recommendations will be considered annually by the director of Transportation Services in consultation with other appropriate University officials and groups. Revised parking regulations will be published according to the schedule outlined on the Transportation Services website.

 

The University shall maintain a Parking Citation Appeals Board for the purpose of reviewing the decisions of Transportation Services for the purpose of determining if a decision was unreasonable or arbitrary or was not supported by substantial evidence. The Citation Appeals Board is composed of representatives from the faculty, staff and student body.

 

Chapter/Volume: 
  • Volume IV: Finance, Administration and Infrastructure
  • Chapter 8: Parking and vehicles
Original Source: 
Oregon Administrative Rule

Surplus Property Disposal

Reason for Policy: 

This policy outlines former SBHE directions on surplus property disposal.

Entities Affected by this Policy: 

General UO audience.

Responsible Office: 

For questions about this policy, please contact the Office of Business Affairs at 541-346-1111

Enactment & Revision History: 

02 September 2015 - Technical revisions enacted by the university

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

Former Oregon Administrative Rule Chapter 580 Division 22, Section 0115

Policy: 

A. Purpose

These policies establish, for the University, a process for disposal of surplus and scrap property that safeguard's state assets, creates efficiency in surplusing or scrapping, maximizes the value received for property that is surplus to University needs, and is attentive to environmental impacts.

B. Definitions

For purposes of Sections H through R, unless context requires otherwise:

(1) "Board" means University of Oregon Board of Trustees.

(2) "President’s Office" means the offices that provide direct administrative support to the President.

(3) "Employee" means a person who, within the last twelve months, has been paid a wage for full-time, part-time, or temporary work by the University.

(4) "Federally Funded Surplus Property" means personal property, vehicles, and titled equipment, purchased with federal grant or other federal funds and that is worn-out, obsolete, or excess to the University’s needs, or otherwise unsuitable for intended use, the disposal of which would be to the financial benefit of the University.

(5) "University" means University of Oregon.

(6) "President" means the chief executive officer of The University of Oregon or designee.

(7) "Scrap" means materials, including lost, mislaid, or abandoned property having no financial value or such low financial value as to make sale not cost effective.

(8) "Surplus Property" means all personal property, including lost, mislaid or abandoned property, vehicles and titled equipment that is worn-out, obsolete or excess to the University’s needs, or otherwise unsuitable for intended use, the disposal of which would be to the financial benefit of the University.

C. General

(1) The University may, in accordance with this policy, dispose of any worn out, obsolete, scrap, or otherwise unsuitable surplus property, the disposal of which would be to the benefit of the University, except as set forth in subsection (2).

(2) This policies does not apply to any equipment, goods, supplies, material, information technology or other personal property encumbered by a certificate of participation that will be disposed of in accordance with applicable law.

D. Delegations

The University may follow the procedures set out herein or adopt its own rules, which rules will conform to the purposes set out below. Prior to adoption, the Vice President for Finance and Administration must approve the policies developed by the campus. In addition, the Board delegates to the President responsibility for implementing this policy . Purposes: Policy developed for surplus and scrap property will:

(1) Safeguard state assets;

(2) Create efficiency in surplusing or scrapping;

(3) Maximize the value received for property to the extent consistent with efficiency; and

(4) Attempt to reduce negative environmental impacts.

E. Environmental Standards

Disposal of surplus property and scrap will be accomplished in accordance with all state, federal, and local regulations regarding environmental health and recycling. If ownership of surplus property or scrap is transferred to another party, the University must document passing of title. The acquiring party assumes environmental responsibility when title transfers.

F. Maintenance of Proper Inventory Records and Justification of Sale or Disposal

(1) The University will set thresholds and standards that identify by value or type, for personal property for which disposal records must be maintained.

(2) Disposal records for assets, whether or not capitalized, will include the following information:

(a) Description of property and, if capitalized, asset number; and

(b) Reason, date, and method of disposal.

G. Disposition of Federally Funded Surplus Property

Federally funded property will be disposed of in accordance with applicable federal law or federal grant terms, if any. Otherwise, such property will be disposed of in accordance with these rules, or institution rules adopted hereunder.

H. Disposition of Property Acquired by Gift

Disposition of property acquired by gift will be in accordance with the Internal Revenue Code and any restrictions applicable to the property. Otherwise, the property will be disposed of in accordance with these or institution rules adopted hereunder.

I. Exchange or Trade-in Option

The University may exchange or trade-in property when such exchange or trade-in is in the best interest of the University and is otherwise in compliance with applicable rules or policy. Exchange or trade-in will be considered disposal for purposes of this policy. Records will be kept regarding the valuation methodology used in evaluating the relative benefits of trade-in, exchange or sale.

J. Transfer of Property to a Collaborating Government or Non-Profit Institution

Transfers of surplus property or scrap may be made to a collaborating government or other non-profit institution when intended for University purposes and consistent with restrictions on its transfer.

K. Method of Disposal; Eligibility to Acquire

(1) The University will use a method of disposal that is cost-effective, taking into account the costs of disposal and the potential for financial return. Disposal methods include, but are not limited to, exchanges, trade-ins, auctions, sealed bid sales, scrapping, fixed price retail sales, donation to other state agencies, Oregon political subdivisions, public non-profits, web-based auctions or sales and, for scrap, transfer for no valuable consideration.

(2) No current or former employee or agent for such will be granted any benefit or opportunity not granted the general public in acquisition of items through the disposal process.

(3) All property is conveyed "AS-IS, WHERE-IS" with no warranty, express or implied, of merchantability or fitness for a particular purpose, or any other warranties or guarantees. A purchaser or disappointed bidder will have no recourse against the State of Oregon, the University, or any of its officers, employees, or agents. All sales will be final.

(4) The University may provide that payment may be made by credit card, cash, cashier's check, personal check, wire transfer, or money order.

(5) Surplus property paid for, but not claimed with the time specified in the sales terms and conditions will be conclusively considered the property of the University and may be disposed of in compliance with this policy.

(6) Title to surplus property or scrap is transferred to the purchaser when the University makes the item available to the purchaser either by the purchaser, purchaser's agent, or purchaser's or institution's designated shipper taking possession of the item. Surplus property must be paid for in full before the University will make it available to the purchaser. Purchaser assumes all responsibility, including risk of loss or damage, for the item when title is transferred.

L. Disposal of Computer and Other Electronic Storage Devices and Media

Prior to disposal of any computer, computer peripheral, computer software, electronic storage device, or storage media device, the University will, as applicable, completely erase or otherwise render unreadable all information, data, and software residing on the Device, unless the information, data, or software is to be conveyed and may be conveyed lawfully.

Chapter/Volume: 
Original Source: 
Oregon Administrative Rule

Employment of More than One Member of Household

Reason for Policy: 

This policy outlines the University’s position regarding employment of more than one member of a household.

Entities Affected by this Policy: 

All employees of the university.

Responsible Office: 

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

Enactment & Revision History: 

02 September 2015 - Technical revisions enacted by the university secretary

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

Former Oregon Administrative Rule Chapter 580 Division 22, Section 0050

Policy: 

Employment of More than One Member of a Household

(1) In appointing academic staff members, the University seeks those persons most qualified to fulfill its teaching, research and service obligations. Accordingly, members of the same family may be appointed to academic staff positions when it has been determined that they are the most qualified candidates for the positions.

(2) No academic staff member, without prior permission of the immediate supervisor, shall participate in employment decisions, supervision or grievance adjustment concerning or involving the staff member's spouse, child or stepchild.

Chapter/Volume: 
Original Source: 
Oregon Administrative Rule

Proscribed Conduct

Reason for Policy: 

This policy proscribes certain conduct regarding the university, its property, or activities thereupon.

Entities Affected by this Policy: 

Anyone engaging in proscribed conduct.

Responsible Office: 

For questions about this policy, please contact Office of the Senior Vice President for Finance and Administration, vpfa@uoregon.edu
 

Enactment & Revision History: 

24 April 2023 – Revisions approved by Interim President Jamie Moffitt. New UO policy number assigned by the University Secretary.

02 September 2015 - Technical revisions enacted by the university secretary

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

Former Oregon Administrative Rule Chapter 580 Division 22, Section 0045

Policy: 

Procedures to impose applicable sanctions may be instituted against any person engaging in any of the following proscribed conduct:

(1) Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other institutional activities, including the University’s public service functions or other authorized activities on University owned or controlled property;

(2) Obstruction or disruption interfering with freedom of movement, either pedestrian or vehicular, on University owned or controlled property;

(3) Unauthorized entry to or use of University facilities, including buildings and grounds. Unauthorized use includes but is not limited to using non-residential facilities and spaces for residential purposes (e.g., prolonged sleeping, bathing in restrooms lacking shower facilities or that are not open to the general public, cooking, camping), and entering into any areas that are not open to the public without advanced authorization. 

(4) Possession or use of explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on University owned or controlled property, unless authorized by law, Board, or University rules or policies;

(5) Detention or physical abuse of any person or conduct intended to threaten imminent bodily harm or endanger the health of any person on any University owned or controlled property;

(6) Malicious damage, misuse or theft of University property, or the property of any other person where such property is located on University owned or controlled property, or, regardless of location, is in the care, custody or control of the University;

(7) Refusal by any person while on University property to comply with an order of the President or appropriate authorized official to leave such premises because of conduct proscribed by Section A of this policy when such conduct constitutes a danger to personal safety, property, educational, or other appropriate University activities on such premises;

(8) Illegal use, possession, or distribution of drugs on University owned or controlled property;

(9) Inciting others to engage in any of the conduct or to perform any of the acts prohibited herein. Inciting means that advocacy of proscribed conduct that calls on the person or persons addressed for imminent action, and is coupled with a reasonable apprehension of imminent danger to the functions and purposes of the University, including the safety of persons, and the protection of its property;

(10) Violating University Policy for Intercollegiate Athletics as described in Section 8 of the Internal Management Directives (“Intercollegiate Athletics”), specifically including the subsection thereof entitled Code of Ethics.

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

Political Activities

Policy Number: 
V.11.01
Reason for Policy: 

This policy expresses the University’s position on political activities of employees.

Entities Affected by this Policy: 

All employees of the university.

Responsible Office: 

For questions about this policy, please contact the Office of Government and Community Relations at 541-346-5020

Enactment & Revision History: 

25 February 2016 - Renumbered as UO Policy V.11.01 and related resource to ORS Chapter 260 added

02 September 2015 - Technical revisions enacted by the university secretary

22 March 2015 - Sections B and C (former OARs 580-022-0015 and 0020) amended by the university president upon recommendation of the university senate

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

Former Oregon Administrative Rule Chapter 580 Division 22, Sections 0010-0020

Policy: 

A. Public Activities

(1) Although there is no prohibition against active participation by University employees in various community and public affairs, it is expected that time given to such activities shall not interfere with the duties of the employees concerned.

(2) No employee shall take action that might be construed as committing the institution or the Board to a position on public issues.

B. Candidates for Public Office

(1) In accordance with the Oregon Constitution, it is University policy to allow employees to seek political office and to serve in the event of election. Before an employee shall become a candidate for any public office, whether for a salaried or nonsalaried position, the employee is expected to consult with the President.

(2) Political activity shall in no way interfere with the performance of the major duties prescribed by the University.

(3) Because circumstances under which a campaign is conducted will vary widely depending on the nature of the elective office and the extent of opposition, the determination of whether an employee may continue full-time duties while conducting or engaged in a campaign rests with the employee's President. In the event of election to the State Legislature, an employee normally will be placed on leave of absence without pay during the period of full-time responsibility. If elected or appointed to a full-time salaried office, the employee may be placed on leave of absence without pay during the term of office or may be required to resign.

C. Relationships with State Government

(1) Except for the President and designees, no employee of the University is authorized to represent the University to the Legislature, its members or committees, to the Office of the Governor, and to the Executive Department and its Divisions.

(2) Nothing in this policy shall be construed as inhibiting an employee of the University from exercising the right of citizenship in a personal capacity, or be construed as inhibiting any employee of the University from appearing before a body of state government identified in this policy in response to a request from that body.

(3) Faculty members are encouraged to visit the Legislative Sessions and Hearings with students in the interests of furthering the effectiveness of organized class work, or to respond to requests from the Legislature for establishment and maintenance of special involvements such as student intern programs.

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

Resignations and Terminations

Reason for Policy: 

This policy outlines certain matters relating the resignation and/or termination of academic staff members.

Entities Affected by this Policy: 

All faculty at the UO and individuals who work with faculty.

Responsible Office: 

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

Enactment & Revision History: 

31 August 2015 -Technical revisions enacted by the university secretary

22 March 2015 - Section E (formerly OAR 580-021-318) amended by the university president upon recommendation of the Senate

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

Former Oregon Administrative Rule Chapter 580 Division 21, Sections 0300 through 0470

Policy: 

A. Resignations

Notice of resignation shall be filed in the President’s office as early as possible but in no event later than one month before the resignation is to take effect.

B. Timely Notice

(1) If any appointment of a full-time academic staff member who is on an annual tenure appointment as defined in UO Policy 580.021.0100-135 Section (1)(b)(A) is not to be renewed for reasons other than for cause or financial exigency, timely notice of nonrenewal shall be given in writing as follows: during the first annual appointment, by March 15 for those whose contracts expire June 15, or at least three months' notice given prior to expiration of the appointment; during the second year of service, by December 15 for those whose contracts expire on June 15, or at least six months given before expiration of the appointment; in the third and subsequent years, at least 12 months' notice that may be given at any time. In the event that notice is given to faculty members who are in the first or second year of an annual tenure appointment after the prescribed deadline, they shall also receive 12 months' notice of nonrenewal.

(2) Timely notice shall be given to part-time academic staff members on annual appointments on the same basis as to full-time faculty members cited above, except that the length of timely notice for part-time faculty members shall be calculated in terms of FTE years of service rather than in calendar years.

C. Terminations

Terminations can be either for cause or not for cause. Policies regarding terminations for cause and other sanctions apply to all members of the academic staff, both those having indefinite tenure and those not having indefinite tenure.

D. Termination Not for Cause

Termination not for cause is defined as any termination other than for cause as set forth in Section F:

(1) Staff Members with Indefinite Tenure:

(a) The appointment of an academic staff member with indefinite tenure will not be terminated for reasons other than for cause, except for financial exigency or program or department reductions or eliminations. Before the appointment of any academic staff member on indefinite tenure can be terminated for financial exigency, a bona fide determination will be made by the President that a financial exigency does exist, and that sufficient funds are not available for payment of compensation for the position concerned. Program or department reductions or eliminations may be made by the President, upon determination, pursuant to University procedures providing for faculty and other appropriate input, that such reductions or eliminations are consistent with University goals and needs;

(b) Responsibility for the decision as to whether a state of financial exigency exists, and the subsequent decision on actions necessary to meet the financial exigency, or the decision as to the necessity for program or department reductions or eliminations resulting in termination of employment of tenured faculty, shall rest with the President. In considering such matters, the President shall confer in a timely manner with appropriate faculty and other University councils and with the Board concerning the issues involved in arriving at decisions in the foregoing areas;

(c) University procedures relating to program or department reductions or eliminations shall reflect a regard for the rights of the affected academic staff member, and such procedures may not be used as a substitute for the provisions of Sections G through S that set forth the procedural protections to be accorded staff members;

(d) If a tenured faculty member's appointment is terminated or if the appointment of a nontenured faculty member is terminated before the end of the period of appointment because of financial exigency, or because of program or department reductions or eliminations, the released faculty member's place will not be filled by a replacement within a period of two years, unless the released faculty member has been offered reappointment and a reasonable time within which to accept or decline it;

(e) If the staff member cannot be retained either in the position in which presently employed or in some alternate position, maximum possible notice of termination shall be provided the academic staff member being terminated for financial exigency, and in the case of faculty terminated because of program or department reductions or eliminations not demonstrably related to a state of financial exigency, 12 months' notice shall be given.

(2) Staff Members without Indefinite Tenure. Appropriate notice of termination shall be provided staff members holding annual tenure appointments as set forth in Section B. If the employment of such staff member is being terminated for financial exigency or program or department reductions or eliminations so as to render impossible the provision of notice as set forth in Section B, maximum possible notice will be provided.

E. Other Personnel Actions Not for Cause

As authorized by statute and by authority delegated to the President, personnel may be transferred or reassigned within an institution in accordance with the staff needs of the institution or other units. Such personnel actions should not be considered sanctions for cause unless they result from actions described in Section G.

F. Termination and Other Sanctions for Cause

The appointment of a tenured or nontenured academic staff member may be terminated, or other sanctions imposed, for cause. Sanctions for cause include oral or written warning or reprimand, removal from an assigned post and reassignment, suspension for a period not to exceed one year and termination. Sanctions more severe than oral or written warning or reprimand shall be imposed in accordance with the procedure in Sections G through S. Sanctions of oral or written warning or reprimand may be imposed in accordance with University procedures.

G. Definition of Cause

(1) "Cause" shall mean:

(a) Conviction of a felony or of a crime involving moral turpitude during the period of employment by the University (or prior thereto if the conviction was willfully concealed in applying to the University for employment);

(b) Conduct proscribed by UO Policy 580.022.0045; or

(c) Failure to perform the responsibilities of an academic staff member, arising out of a particular assignment, toward students, toward the faculty member's academic discipline, toward colleagues or toward the University; in its primary educational and scholarly functions and secondary administrative functions of maintaining property, disbursing funds, keeping records, providing living accommodations and other services, sponsoring activities and protecting the health and safety of persons in the University community.

(2) Evidence to demonstrate cause under the standard set forth in subsection (1)(c) of this definition of "cause" may include, but is not limited to, evidence of incompetence; gross inefficiency; default of academic integrity in teaching, research or scholarship; intentional or habitual neglect of duty and failure to perform adequately for medical reasons.

H. Initiation of Formal Proceedings

If the President determines that there is probable cause to impose a sanction or sanctions more severe than an oral or written warning or reprimand on an academic staff member, the President shall attempt to reach a satisfactory resolution of the matter. If no satisfactory resolution is reached within a reasonable time, the President shall authorize the preparation of formal charges in accordance with University procedure. The charges shall specifically state the facts believed to constitute grounds for imposition of a sanction or sanctions. The person authorized to prepare the charges shall not participate in evaluating the charges. Charges shall be filed with the President, and a copy personally delivered, or sent by certified mail, to the academic staff member within ten days after the authorization of preparation of charges. The charges or a notice accompanying the charges shall inform the academic staff member of the right to a formal hearing on the charges and of the academic staff member's duty to notify the President within ten days after the charges have been delivered or sent whether such hearing is desired.

I. Temporary Suspension of Academic Staff Member

No restraints shall be placed on the academic staff member between the filing of charges and the President’s action on the hearing committee's report. However, if at any time during the pendency of charges against an academic staff member, the President makes a written finding stating the reason that there is a clear and present danger that the academic staff member's continued performance of duties will be harmful to the University, to the academic staff member or to the public at large, the President may suspend the academic staff member, without loss of compensation, from some or all duties.

J. Academic Staff Member's Request for a Formal Hearing

Within ten days after the personal delivery or mailing of a copy of the charges to the academic staff member, the academic staff member who is so charged shall state in writing to the President whether a formal hearing on the charges is desired. This ten-day period may be reasonably extended by the President. If the academic staff member requests in writing that a formal hearing not be held, the President may impose an appropriate sanction or sanctions on the academic staff member to be effective as determined by the President. The President shall promptly give written notice thereof to the academic staff member provided, however, that the appointment of an academic staff member shall not be terminated except as provided in Section O.

K. Hearing Committee

Unless the academic staff member requests in writing that a formal hearing on the charges not be held, such hearing shall be held before a special ad hoc committee of from three to five members. Committee members shall be selected in the following manner: the advisory council, faculty senate or other proper elective faculty body shall appoint one or more permanent panels each consisting of ten faculty members; from one, or if necessary, two, of the permanent panels, the same elective body will name from three to five to serve as the hearing committee. The academic staff member and the administration are each allowed one peremptory challenge; a committee member so challenged will then be replaced from the same panel or panels of ten each by the elective body initially charged with impaneling. The committee shall be constituted promptly and shall complete the hearing and its report within 30 days of its constitution, if possible. The hearing committee shall elect a chair from among its members.

L. Conduct of Hearing

(1) The committee shall set a date for the hearing, giving the academic staff member and the administration sufficient time to prepare the case. The academic staff member and the administration shall have the option of assistance by counsel, both in preparing for and at the hearing. Not less than one week before the hearing date, the academic staff member shall file with the committee any written statement regarding the case. The committee shall review the charges and the academic staff member's statement, if any, prior to the hearing.

(2) The committee shall consider the case on the basis of the obtainable information and decide what, if any, sanction or sanctions it will recommend be imposed on the academic staff member. The academic staff member shall have the option of a public or private hearing. The conduct of the hearing shall be under the control of the committee chair, subject to the requirements of this chapter and the procedure of the committee. The committee chair shall have the powers of a hearing officer as defined in Section Y.

(3) A verbatim record of the hearing shall be kept. At the hearing, the committee shall receive the testimony of witnesses, on oath or affirmation, and other evidence concerning any disputed facts. The administration shall have the burden of proving its formal charges against the academic staff member, and the committee findings shall be according to the preponderance of the evidence.

(4) The committee shall not be bound to follow court procedures or rules of evidence, except as otherwise required by law. The academic staff member shall have the right to appear, to participate in the hearing, and to present relevant evidence to the committee. The academic staff member may be represented by counsel with or without being present. The academic staff member and the administration shall have the right to confront and cross-examine all witnesses. Insofar as possible, the administration will secure the cooperation, for attendance at the hearing, of witnesses requested by the academic staff member. The academic staff member and the administration shall be given reasonable opportunity to submit rebuttal testimony or other evidence. At the conclusion of the testimony, the committee may permit each side to make an oral or written summation; if the privilege is extended to one side, it must be extended to the other side. When the committee is satisfied that all pertinent and available evidence has been received, and that such summations as it deems appropriate have been presented, the hearing will be adjourned. The committee will then go into executive session for the purpose of deliberation.

M. Committee’s Report

The committee, by agreement of a majority of the members thereof, shall make explicit findings based on the hearing record with respect to each specification in the formal charges lodged against the academic staff member. Within ten days following determination of its findings, the committee shall recommend, by agreement of a majority of its members what, if any, sanction or sanctions shall be imposed on the academic staff member. The President and the academic staff member shall be given copies of the findings and recommendation. The verbatim record of the hearing shall be made available to the President and to the academic staff member. A copy shall be made available at cost on request by the academic staff member.

N. Action by the President

If deemed necessary, the President may refer the matter back to the committee for further findings of fact. The President shall, promptly after receipt of the committee's final report and after reasonable opportunity to consult with the Board and others, give the academic staff member and the Board written notice of the decision. If the decision is to impose a sanction or sanctions on an academic staff member, the notice shall include the reasons therefor, and when it is to be effective, provided, however, that the appointment of an academic staff member shall not be terminated except as provided in section O.

O. Date of Termination

If the appointment of an academic staff member is to be terminated for cause, the appointment shall neither be terminated earlier than one month nor later than one year from the date of the written notice of the President’s decision, provided however, that an academic staff member having indefinite tenure whose appointment is terminated for cause other than misconduct shall continue to receive salary at the current rate for one year from the date of the written notice of the President’s decision.

P. Review of the Board

(1) The Board shall review any case involving imposition of a sanction or sanctions on an academic staff member having indefinite tenure on written notice of appeal by the academic staff member. The appeal shall be filed with the Board Secretary within ten days (or within such extension of time as permitted by the Chair) of the date of the written notice of the President’s decision, stating grounds for the appeal, with a copy to the President. The Board may on its own initiative review any case involving the question of imposing a sanction or sanctions on an academic staff member. On receiving written notice of appeal by an academic staff member having indefinite tenure or on notice of the Board's decision to review a case, the President shall forward to the Board Secretary a copy of the charges in the case and the academic staff member's written statement, if any, in answer thereto, and the verbatim record of the hearing, and any exhibits, the committee's findings and recommendations and a copy of the notice of the President’s decision.

(2) The Board may review the case on the record only; return the case to the institution from which it came for the receipt of further evidence or testimony; conduct such hearings as it deems proper for its review; refer the matter to a committee of Board members for consideration, including possible hearings, and recommendations; or refer the matter to a hearing officer for hearings and recommendation. The Board shall make such determination of the case, pursuant to its policies, as it deems just.

(3) If the Board sustains the decision to impose a sanction or sanctions on the academic staff member, the sanction or sanctions shall be effective at the date originally named by the President, or such later date as determined by the Board.

Q. Board's Initiative in Bringing Investigation or Charges

On any occasion when it appears to the Board that there is probable cause to impose a sanction or sanctions on an academic staff member, the Board may direct the President to determine whether there is such probable cause. If the President finds that there is probable cause to impose a sanction or sanctions on the academic staff member, the President shall have formal charges prepared and proceed with the case as provided in Section H. If the President finds that there is not probable cause to impose a sanction or sanctions on the academic staff member, the President shall transmit such report to the Board, including a full statement of reasons for the finding. If the Board, after receipt of the report, deems that the facts of the case warrant the filing of formal charges, the Board shall provide the President with a statement explaining its exceptions to the findings and may direct the President to have formal charges prepared or, at the request of the president, the Board may direct some person within the University to prepare the formal charges. The subsequent procedure shall be the same as if charges were initially authorized to be prepared by the President.

R. No Reprisals

No employee of the University shall be subject to any reprisals by the University for appearing as a witness or for participating as a member of a committee in any of the proceedings provided for in this division.

S. Personnel Records

No notation shall be made in the personnel record of an academic staff member of any investigation that has not resulted in formal charges being brought against the academic staff member under Sections F through Q or that has not resulted in the imposition or a sanction of oral or written warning or reprimand in accordance with University procedures, as provided in Section F.

T. Construction

These rules shall be liberally construed to secure just, speedy, and inexpensive determination of the issues presented. These rules are intended to carry out the intent of the Oregon Administrative Procedure Act and are to be interpreted consistent therewith. Any situation not provided for in this policy shall be governed by the Act and, to the extent applicable, by the law applicable to suits in equity in the circuit courts of Oregon.

U. Notice of Hearing

If a contested case hearing is to be held by the Board, or by a hearing officer designated by the Board, the Board shall ascertain the time most convenient for the hearing and shall give all parties thereto at least ten days' notice of the time, place and nature of the hearing. The time may be shortened or extended by stipulation of all parties.

V. Subpoenas

Subpoenas requiring attendance of witnesses or the production of documentary or tangible evidence at a hearing may be issued by the Board, when authorized by law, on request by any party to the proceeding, including the Board itself, on proper showing of general relevance or reasonable scope of the evidence sought.

W. Assignment to Hear Proceedings

(1) The hearing shall be before the Board except in those cases assigned by the Board to a hearing officer.

(2) The word "Board" in this policy shall include hearing officer wherever applicable.

X. Disqualification

Any party to a proceeding before the Board may file an affidavit of personal bias against any officer conducting the hearing. Any hearing officer may withdraw from the proceeding because of personal bias or for any reason deemed sufficient by the Board. The Board, in its discretion, may order a hearing on a question of disqualification of a hearing officer.

Y. Powers of Hearing Officers

(1) A hearing officer or the Board when authorized by law shall have the following powers:

(a) To give notice of and hold hearings;

(b) To administer oaths and affirmations;

(c) To examine witnesses;

(d) To issue subpoenas;

(e) To rule on offers of proof and receive evidence;

(f) To regulate the course of the hearing, including the power to eject any person who in any manner interferes with the orderly procedure of a hearing;

(g) To hold conferences, before or during the hearing, for the settlement or simplification of issues, with consent of the parties;

(h) To dispose of procedural requests or similar matters;

(i) To make initial decisions;

(j) To take any other action proper under this policy, including the making of findings of fact, and recommendations to the Board.

(2) The hearing officer's authority in each case will terminate when:

(a) The hearing officer withdraws from the case for any reason;

(b) The time for appeal has terminated.

Z. Who May Appear

(1) Each party may be represented by counsel.

(2) Any individual may appear for himself or herself, and any member of a partnership that is a party to any proceeding may appear for such partnership on adequate identification.

AA. Standard of Conduct

Contemptuous conduct by any person present at a hearing shall be grounds for exclusion from the hearing by the hearing officer.

BB. Hearing Recorder

The official record of the hearing shall be stenographically or mechanically recorded by a person or persons assigned by the Board capable of doing such recording. The method used shall be in the discretion of the Board.

CC. Transcript of Testimony

A transcript of the official record shall be furnished by the Board for the purposes of rehearing or judicial review. The cost of the record shall not be taxed to parties other than the Board except as is specifically provided in ORS 183.415(8).

DD. Continuances and Postponements

Motion for continuance or postponement of any hearing may be granted by the Board for good cause.

EE. Evidence

(1) In general:

(a) The testimony of witnesses at a hearing shall be on oath or affirmation administered by an officer of the Board authorized to administer oaths and shall be subject to cross-examination;

(b) Any witness may, in the discretion of the Board, be examined separately and apart from all other witnesses except those who are parties to the proceeding;

(c) The Board may limit oral argument in its discretion.

(2) The oath or affirmation taken by a witness before testimony shall be in the same form and manner as is provided by law.

(3) Every party shall have the right to present a case or defense by oral, documentary, or other satisfactory evidence, to submit evidence in rebuttal, and to conduct such cross-examination as may be required for a full and complete disclosure of the facts.

(4) The party having the affirmative of the issue shall have the burden of proof.

(5) Admission and exclusion of evidence:

(a) Evidence of a type commonly relied on by reasonably prudent persons in the conduct of their serious affairs shall be admissible, but irrelevant, immaterial, or unduly repetitious evidence shall be excluded;

(b) Hearsay evidence shall not be admissible over an objection based on lack of opportunity to cross-examine;

(c) The Board may limit expert and opinion evidence in its discretion.

(6) If a party objects to the admission or rejection of any evidence or to the limitation of the scope of any examination or cross-examination, that party shall state briefly the grounds of such objection, whereupon the Board shall give the party adversely affected by its ruling on the objection an automatic exception.

(7) After first advising all parties of its intention to do so, the Board may take notice of judicially cognizable facts as is provided by law and of general, technical or scientific facts within the specialized knowledge of the Board members.

FF. Informal Disposition

Informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default, unless precluded by law.

GG. Record

The stenographic or mechanical record of the testimony and exhibits, together with all pleadings, motions, and rulings filed in the proceedings, all stipulations, statements of matters officially noticed, questions, and offers of proof, objections and rulings thereon, and proposed findings and exceptions, shall constitute the exclusive record for decision. The record shall also include any Board proceeding on disqualification of any hearing officer and the proposed, intermediate or final order, if any.

H. Decision

(1) Except as provided in subsection (2) of this section, the Board shall render its decision within 60 days after completion of the hearing. The decision shall be accompanied by findings of fact and conclusions of law. A copy of the decision and the findings of fact and conclusions of law shall be mailed to each party.

(2) If a majority of the Board officials has not heard the proceedings or read the transcript, a proposed decision of the Board, including findings of fact and conclusions of law, shall be mailed to each party, who shall have 15 days after receipt to submit written exceptions to the proposed decision to the Board and to request an opportunity to present argument to the Board. The Board shall grant such opportunity for argument as soon as it can reasonably be arranged. The Board shall render its decision, accompanied by findings of fact and conclusions of law, within 60 days after presentation of the argument.

Chapter/Volume: 
Original Source: 
Oregon Administrative Rule

Sabbatical Leave

Policy Number: 
II.03.05
Reason for Policy: 

This policy outlines certain matters relating to sabbatical leave.

Entities Affected by this Policy: 

All faculty at the UO and individuals who work with faculty.

Responsible Office: 

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

Website Address for this Policy: 
Enactment & Revision History: 

09 June 2016 - Revisions approved by the university president

11 May 2016 - Revisions approved by the university senate

31 August 2015 - Technical revisions enacted by the university secretary

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

Former Oregon Administrative Rule Chapter 580 Division 21, Sections 0200 through 0245.

Policy: 

 

A. Purposes of Sabbatical Leave

Sabbatical leave is granted to faculty for purposes of research, writing, advanced study, travel undertaken for observation and study of conditions in our own or in other countries affecting the applicant’s field or related scholarly or professional activities. Sabbatical leave is granted when it can be shown that the applicant is capable of using this period in a manner which will thereafter increase the applicant’s effectiveness to the university and to the state. Only the Provost or designee can approve applications for sabbatical leave.

B. Eligibility for Sabbatical Leave

(1) A faculty member at .5 FTE or greater with the rank of Senior Instructor I or II, Senior Lecturer I or II, Associate Professor, Professor, Senior Research Assistant I or II, Senior Research Associate I or II, Associate Research Professor, Research Professor, Associate Librarian or Senior Librarian may be considered for sabbatical leave:

  1. After having been continuously appointed without interruption by a sabbatical leave for 18 quarters (excluding Summer Session) or, in the case of 12-month faculty, 72 months; or
  2. After having accumulated the equivalent of 6.0 FTE academic or fiscal years over an indefinite period of 9-month or 12-month appointments uninterrupted by a sabbatical leave.
  3. Prior service at the ranks of Instructor, Lecturer or Assistant Librarian, Research Assistant, Research Associate, or Assistant Research Professor when leading to a promotion to a higher rank, may be considered as part of the period of accumulated service for the purposes of the time requirement for sabbatical eligibility.

(2) A series of appointments shall be considered continuous whether or not interrupted by one or more authorized leaves of absence other than a sabbatical leave. An authorized leave of absence will not prejudice the faculty member's eligibility for sabbatical leave. Faculty members may be considered for subsequent sabbatical leaves after again satisfying the conditions specified in subsections (1)(a) or (b) of this section. Cases involving mixed terms of service may be adjusted by the Provost or designee, in accordance with the principles set forth in this section. Funding contingent faculty members with an appointment in the Instructor, Lecturer, Research Assistant or Research Associate category are ineligible for sabbaticals pursuant to this policy.

(3) Applicants for a sabbatical leave must present a careful statement of plans for the leave period, and a justification of the leave in terms of the criteria stated above. The request must be accompanied by an official application form, a curriculum vitae, and a description of current teaching; scholarship; research and creative activity; service; and other professionally relevant activities.

(4) For institutional convenience, and at the initiative and sole discretion of the institution, a sabbatical leave may be delayed by up to two years. In such instances, the faculty member will become eligible for a succeeding sabbatical leave after an equivalently reduced period of years. This section applies to a maximum of 14 consecutive years, covering two possible sabbatical leaves. The same agreement may be agreed to in subsequent 14-year periods.

(5) Salary received by a faculty member during a sabbatical shall be calculated as follows:

(a) Salary during sabbatical leave shall be a percentage determined under subsection 5 (b), (c) or (d) of this policy of the faculty member’s annual rate in effect at the time the sabbatical leave begins. The percentage is determined by multiplying the faculty member’s base salary rate at the time of sabbatical leave by the average FTE at which the faculty member was appointed during the 6.0 FTE years immediately prior to the sabbatical leave.

(b) For faculty on 9-month appointments, salary shall be:

  1. One academic year (three terms) on 60% salary determined under subsection 5(a);
  2. Two-thirds of an academic year (two terms) on 75% salary determined under subsection 5(a);
  3. One-third of an academic year (one term) on 100% salary determined under subsection 5(a).

(c) For faculty on 12-month appointments, salary shall be:

  1. One year on 60% salary determined under subsection 5(a);
  2. Two-thirds of a year on 75% salary determined under subsection 5(a);
  3. One-third of a year on 100% salary determined under subsection 5(a).

(d) For faculty with appointments in the School of Law, salary shall be:

  1. One academic year (two semesters) on 50% salary during the period of sabbatical leave;
  2. One-half academic year (one semester) on 100% salary during the period of sabbatical leave.

D. Sabbatical Leave Reports

At the end of the sabbatical leave, the staff member shall submit a report of the accomplishments and benefits resulting from the leave to the department head, the dean and the Provost.

E. Obligation to Return

Each faculty member, in applying for sabbatical leave, shall sign an agreement to return to the University for a period of at least one year's service on completion of the leave. If a faculty member fails to fulfill this obligation, he or she shall repay the full salary paid during the leave plus the health care and retirement contribution paid by the University on behalf of the faculty member during the leave. This amount is due and payable three months following the date designated in the sabbatical agreement for the faculty member to return to the University.

F. Supplementing of Sabbatical Incomes

To the extent approved in writing by the Provost or designee, faculty members on sabbatical leave may supplement their sabbatical salaries to a reasonable degree, provided that such supplementation strictly conforms to the stated and approved purposes of the sabbatical leave.

Chapter/Volume: 
  • Volume II: Academics, Instruction and Research
  • Chapter 3: Faculty, general
Original Source: 
UO Policy Statement

Tenure and Promotion

Reason for Policy: 

This policy outlines certain matters relating to tenure and promotion for faculty.

Entities Affected by this Policy: 

This policy outlines certain matters relating to tenure and promotion for faculty.

Responsible Office: 

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

Enactment & Revision History: 

31 August 2015 - Technical revisions enacted by the university secretary

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

Former Oregon Administrative Rule Chapter 580 Division 21, Sections 0100 through 0135

Policy: 

A. Kinds of Appointments

(1) Appointments authorized in the University are: fixed-term appointments, tenure-related appointments (annual tenure and indefinite tenure) and extendible contract appointments as permitted by subsection (1)(c) of this Section A:

(a) Fixed-term appointments:

(A) Fixed-term appointments are appointments for a specified period of time, as set forth in the notice of appointment. The faculty member thus appointed is not on the tenure track and the timely notice provisions do not apply;

(B) Fixed-term appointments may be made and are renewable at the discretion of the President;

(C) Fixed-term appointments are designed for use at the discretion of the President in such cases as, but not limited to, appointments of visiting faculty (or similar category); academic staff members whose support wholly or principally comes from gift, grant or contract funds, the cessation of which funding would eliminate the budget base for the position in question; part-time faculty; administrative staff with faculty rank; and faculty appointments during an initial probationary period where an institutional policy has been adopted or negotiated that establishes such probationary period. Fixed-term appointments offered to visiting faculty or similar category shall not exceed a total of seven years;

(D) University staffing plans shall define the characteristics, proper use and appropriate limits on use of visiting faculty or similar category.

(b) Tenure-related appointments:

(A) Annual tenure appointments are appointments given to faculty employed .50 FTE or more whom the University considers to be on the tenure track, in that, on completion of an appropriate probationary period, they will be evaluated and considered for appointment to indefinite tenure. If the initial annual tenure appointment or successive annual tenure appointments are to be terminated otherwise than for cause or for financial exigency, timely notice shall be given the faculty member;

(B) Indefinite tenure appointments are appointments given selected faculty members having an appointment of .50 FTE or more. Such appointments are made by the President in witness of the University’s formal decision that the faculty member has demonstrated such professional competence that the University will not henceforth terminate employment except for cause, financial exigency, or program or department reductions or eliminations.

(2) "Tenured" faculty, as referred to in University policies, are faculty who have been awarded indefinite tenure.

B. Eligibility for Indefinite Tenure

(1) Indefinite tenure may be awarded to faculty employed on appointments of .50 FTE or more as senior instructor, assistant professor, associate professor or professor, if otherwise qualified in accordance with University criteria and the University’s policies.

(2) When indefinite tenure is awarded, there shall be a statement in the faculty member's personal file that the tenure appointment relates only to that FTE level specified in the notice of appointment for the year indefinite tenure is to become effective. For the indefinite tenure appointment to take effect, the statement concerning indefinite tenure must be signed by the faculty member and by the University officer authorized by the President to sign such statements. Alteration in the initial commitment may be by mutual consent of the faculty member and the University or by action provided for elsewhere in the University’s policies.

(3) Standards of performance and scholarly quality shall be the same for part-time and full-time faculty members.

(4) Faculty members on a full-time tenure appointment may, by mutual agreement of the faculty member and the President or a designee, be given reduced appointments of less than 1.0 FTE under terms and conditions mutually agreed to in writing by the faculty member and the President or a designee.

(5) Indefinite tenure shall be awarded to faculty of demonstrated professional competence by the President under terms and conditions set forth in applicable institutional rules and policies.

(6) Tenure is reaffirmed as being institutional. Faculty having achieved tenure status in one Department institution cannot thereby claim tenure in other Department institutions. Probationary years of service in one Department institution may be counted toward probationary service requirements in another Department institution only with the latter's written approval.

C. Initial Appointment and Probationary Service for Faculty on Tenure-Related Appointments

(1) All faculty members on tenure-related appointments of .50 FTE or more, except as provided below, shall be appointed initially on one-year appointments.

(2) Awarding of tenure to full-time faculty, except as provided below, shall involve assessment of the faculty member's performance each year during the probationary period, and assessment of performance over not less than five consecutive years (counting the year at the end of which tenure is granted). An additional probationary year may be required by the President, following that, if the faculty member is not awarded tenure, terminal notice shall be given, except as provided elsewhere in University policies.

(3) The probationary period for regular part-time faculty employed .50 FTE or more in a tenure-related appointment shall be the same as for full-time faculty, except that it shall be calculated in terms of FTE years rather than calendar years.

(4) Notwithstanding subsections (2) and (3) of this section, the President may in special circumstances consider for tenure any probationary faculty member of the rank of assistant professor or higher, prior to completion of the normal probationary period, when, following a performance evaluation of the faculty member, a finding is made that such an early award of tenure would be to the advantage of the University. In no event will the first consideration for tenure occur later than in the fifth year.

(5) Faculty members given an initial appointment at the rank of full professor may be granted tenure on appointment, at the discretion of the President. In unusual cases, and only when specifically approved by the President, associate professors may be given tenure on initial appointment.

(6) At the time of initial appointment, a mutually acceptable written agreement shall be reached between the faculty member and the President or a designee, subject to delegation of authority under the University’s policies, as to the extent to which prior experience of the faculty member shall be credited toward the probationary period required before the faculty member may be considered for tenure. The terms of the agreement shall be included in the notice of appointment.

D. Consecutive Annual Appointments

A series of annual appointments shall be considered consecutive whether or not interrupted by one or more official leaves of absence. An official leave of absence does not count as a year of service for purposes of tenure, nor does it prejudice the staff member's right to consideration for tenure for service actually rendered.

E. Seventh Annual Appointments

A full-time faculty member on annual tenure for a sixth consecutive year shall be awarded indefinite tenure commencing the seventh consecutive year or given notice of termination effective at the end of the seventh year.

F. Appointment of Regular Part-Time Faculty Beyond the FTE Equivalent of the Sixth Consecutive Year

A faculty member on a part-time annual tenure appointment of .50 FTE or more during each full academic year for a sufficient number of years to equal six or more years of full-time service may be reappointed under one of the following conditions:

(1) With indefinite tenure at the FTE level specified in the notice of appointment for the year indefinite tenure is to become effective;

(2) With notice of termination effective at the end of the next year.

G. Exceptions

The provisions of Sections B through E of this policy and Section B of UO Policy 580.021.0300-470 shall apply to all tenure-related appointments unless in individual cases there is a specific written agreement to the contrary between the University and the faculty member. The agreement to the contrary shall be incorporated or referred to in the notice of appointment.

H. Criteria for Faculty Evaluation

(1) Criteria for faculty evaluation, developed with the participation of appropriate faculty and University councils, shall be established within the University:

(a) As a guide in evaluating faculty in connection with decisions on reappointment, promotion, and tenure;

(b) As a basis for assessing those aspects of the faculty member's performance in which improvement is desirable, whether the faculty member is tenured or nontenured, with a view to stimulating and assisting the faculty member toward improvement through the resources available under the University’s staff career support plan.

(2) The criteria shall reflect the primary functions for which the University was established, namely:

(a) Instruction;

(b) Research accomplishments and other scholarly achievements, or where relevant, other creative and artistic achievement;

(c) Professionally related public service, through which the University and its members render service to the public (i.e., individuals, agencies, or units of business, industry, government);

(d) University service, including, but not limited to, contributions made toward departmental, school or institutional governance, service to students through student welfare activities such as individual student advising, advising with student organizations or groups and similar activities.

(3) The criteria shall provide guidelines for sources and kinds of data that are appropriate as a basis for effective faculty evaluation at each administrative level (e.g., department, school, institution) and in each area (e.g., teaching, research, scholarly activity, service, etc.) where faculty evaluations are required. Specific provision shall be made for appropriate student input into the data accumulated as the basis for reappointment, promotion, and tenure decisions, and for post-tenure review. Sources of such input shall include, but need not be limited to, solicitation of student comments, student evaluations of instructors and opportunities for participation by students in personnel committee deliberations.

Chapter/Volume: 
Original Source: 
Oregon Administrative Rule

Conditions of Service

Reason for Policy: 

This policy outlines conditions of service for faculty employees.

Entities Affected by this Policy: 

All faculty at the UO and individuals who work with faculty.

Responsible Office: 

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

Enactment & Revision History: 

06 December 2016 - Temporary revisions to Section L expired

09 June 2016 - Temporary revisions to Section L were extended by the university president

31 December 2015 - Temporary revisions to Section L approved by the university president

31 August 2015 - Technical revisions enacted by the university secretary

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

Former Oregon Administrative Rule Chapter 580 Division 21, Sections 0005 through 0055.

 

Policy: 

A. Appointment Procedures

(1) Each person to be appointed or reappointed as a member of the faculty shall be sent written notification of appointment and conditions and terms thereof for each period of employment. The notification shall be signed by the President or, for noninstitutional personnel, by the President or a designee. All appointments for a period in excess of one year must be authorized by the President.

(2) The notice of appointment shall include, but not be limited to, the following:

(a) Effective date of appointment;

(b) Description of position offered (including references to any unusual duties);

(c) Academic rank and title offered;

(d) Duration of appointment;

(e) Tenure status, including the nature of any restrictions on eligibility for tenure (e.g., limited term or temporary appointments or appointments funded by grant funds beyond institutional control);

(f) Compensation;

(g) Other conditions of employment.

(3) The faculty member shall be provided written information concerning duties, responsibilities and institutional expectations. Such written information shall be provided with the initial notice of appointment and whenever significant changes occur. The written information shall include:

(a) Specific expectations relating to the particular position;

(b) General institutional expectations as to professional standards, obligations and responsibilities to be met by faculty members, including but not limited to the following:

(A) Criteria to be used in evaluating the faculty member in connection with renewal of appointment, promotion, tenure (if faculty member does not have indefinite tenure) and post-tenure review (if the faculty member has indefinite tenure);

(B) Procedures to be used in application of the evaluative criteria, including identification of officers responsible for accumulating the information and data necessary to the evaluation, making the evaluation, counseling with the faculty member concerning performance and areas of desirable improvement and such additional information as is necessary to outline clearly the procedures to be used;

(C) Kinds of information that will be gathered by the institution as the basis for evaluating the faculty member;

(D) A reference to institutional rules relating to faculty records;

(E) The nature of the institutional staff career support program, with specific reference to institutional assistance available to assist the faculty member in improving teaching and other scholarly activities;

(F) A reference to the agreement required by UO Policy 580.021.0100-135 Section C concerning the extent to which prior experience will be credited as a part of the probationary period of employment;

(G) A reference to any exceptions agreed to as provided in Section UO Policy 580.021.0100-135, Section G.

B. Affirmative Action Goals: Employment

(1) The President shall establish affirmative action goals and procedures for the purpose of increasing the proportion and effective utilization of minorities and women employed in administrative, technical and faculty positions in programs and departments where minorities or women are underrepresented.

(2) For purposes of this rule, "minorities" refers to Black African Americans, Hispanic Americans, Asian/Pacific-Island Americans and American Indians/Alaskan Natives.

(3) The goals and procedures established under this rule shall be reviewed by the President for adequacy and effectiveness at the end of each biennium and modified accordingly. A report of this biennial review shall be submitted to the Board.

C. Consultative Procedures

The President shall establish written procedures through which faculty, department heads and deans shall have the opportunity for effective participation in deliberations leading to recommendations for appointment, reappointment, tenure or promotion of faculty. The procedures established shall also provide for consideration of information from other appropriate sources, including, but not limited to, student evaluations of faculty.

D. Terms of Service of Faculty

(1) Academic staff may be appointed on the academic-year basis, the fiscal-year basis or on such other basis as may be arranged in individual cases.

(2) An academic year is normally the three-term period of service extending from September 16 of one calendar year through June 15 of the next calendar year, or for a comparable period of service within the fiscal year, whichever best serves the particular type of work involved, as may be required by the President. Nothing in this regulation shall be construed to prevent a staff member employed on an academic-year basis from being employed during the remainder of the fiscal year, in the summer sessions or in other service for the University, provided responsibilities for the regular academic year have been fulfilled to the satisfaction of the department head and the dean or director of the division.

E. Working Hours

The varied nature of the work of faculty members whose duties are administrative, instructional, research or extension makes it impractical to define the exact number of working hours. All such faculty members are required to give the institution their undivided efforts. Determination of time of service is the responsibility of the President. However, this provision shall not apply to Department employees who are subject to state or federal overtime compensation requirements.

F. Outside Employment and Activities; Conflict of Interest

(1) No full-time employee of the University shall engage in any outside employment that substantially interferes with duties. See also IMD 4.005 and 4.010, Board and Institution Policy on Outside Activities and Related Compensation.

(2) University employees shall provide written reports to the President regarding potential conflicts of interest as defined under ORS 244.020(8). Complaints by any person regarding potential conflicts of interest may be referred for investigation to the President who shall investigate the complaint.

G. Participation in Voluntary FTE Reduction Program

During the period that any employee participates in a voluntary FTE reduction program authorized by the University, leave accruals and other benefits administered under this division will be calculated based upon the employee’s FTE immediately prior to program participation and will not be reduced to reflect the reduction in FTE caused by the employee’s participation in the program.

H. Fellowship Leave

(1) A fellowship leave is leave available to faculty who have received certain fellowships that support research, writing, advanced study or travel related to scholarly or professional activities, including, but not limited to, Fulbright, NEA, NEH, Guggenheim, or other comparable federal or private fellowships, payable only to the faculty member.

(2) Any unclassified employee appointed at .5 FTE or more may be granted a fellowship leave upon approval of the President or designee. In addition, the President or designee may authorize continuation of institutional health care coverage and payment of employer contribution toward health care or other personnel expenses during a fellowship leave.

(3) Each faculty member, in applying for a fellowship leave, shall sign an agreement to return to the institution for a period of at least one year's service on completion of the leave. If the faculty member fails to fulfill this obligation, the faculty member shall repay the full cost of benefits paid by the institution during the leave. This amount is due and payable three months following the date designated in the institution's fellowship leave agreement for the faculty member to return to the institution.

I. Career Development Leave

Career development leave is available to unclassified, faculty, and classified employees of the University as leave without pay, subject to the approval of the University.

J. Vacations

(1) Eligibility. Vacation means absence from work permitting rest and recreation for a specified period of time during which regular compensation continues. Unclassified employees gain vacation privileges only if employed at .50 FTE or more on a 12-month appointment.

(2) Computation. Eligible unclassified employees accrue vacation on a monthly basis, beginning the first of the month following date of hire or on the first of the month if an employee is hired the first working day of the month. Vacation accrues on the last day of the month and is available for use the first day of the next month subject to the restrictions in Section J(3) of this policy. A 9-month employee appointed to a 12-month contract may receive credit for the previous 9-month contract, on a pro-rata basis. Eligible employees with a 12-month, 1.0 FTE contract accrue 15 hours of vacation per month; eligible employees on a .50 FTE or more contract accrue vacation in proportion to their FTE. An employee who terminates OUS employment before completing the 6-month wait period receives no vacation, and is not entitled to compensation for vacation accrued. On February 28, 1998, eligible employees shall be credited with vacation leave on a pro-rata basis at a rate of 14.67 hours per month as if monthly accrual had begun on their last vacation anniversary date or, for those employed fewer than 11 months, on their date of hire.

(3) Wait Period and Maximum Balance. Vacation accrual is available to the unclassified employee for use six months after vacation accrual begins. Until September 1, 1999, there will be no maximum on the amount of vacation leave that an employee can accrue. However, effective September 1, 1999, no employee may accrue in excess of 260 hours, and any accrued vacation leave in excess of this cap will be forfeited.

(4) Transfer.

(a) Inter-institutional/Unclassified to Unclassified. If an eligible unclassified employee transfers to another unclassified position within the Department and remains eligible for vacation accrual, the employee shall transfer all accrued vacation leave to the new position. However, if there is a break in service for more than 30 days, all accrued vacation pay will be paid off by the sending institution and the employee will be considered a new hire in the position. Moving from position to position within the same institution shall not be considered a transfer or a break in service for purposes of this rule.

(b) For purposes of this Rule, OHSU shall be considered an institution within the Department whereby an OHSU unclassified employee who "transfers to unclassified position within the Department and remains eligible for vacation accrual," may, subject to approval by the receiving department or institution, transfer all accrued vacation time from OHSU to an institution within the Department; upon such a transfer, the vacation benefits of a former OHSU employee shall be administered in accordance with Section J.

(c) Classified to Unclassified Appointment. If a classified employee of the Department receives an unclassified appointment within the Department and is eligible for vacation leave, the employee may bring up to 80 hours of accrued vacation leave; the receiving department or institution may accept up to 250 hours maximum. The former classified employee shall receive cash compensation from the sending department or institution for any remaining accrued vacation leave. The former classified employee may use accrued vacation without serving a 6 month wait period.

(5) The accrual of vacation leave is reduced on a pro-rata basis for the period of leave without pay, sabbatical leave, and educational leave. Vacation leave is accrued during other periods of paid leave.

(6) Payment for Accrued Vacation Leave. Unclassified employees are not entitled to payment for unused vacation leave except upon termination of employment or upon transfer within the Department to another unclassified position not eligible for vacation benefits. Unclassified employees who transfer to a classified position within State of Oregon employment are subject to applicable OUS rules or collective bargaining agreements governing payment for accrued vacation. The maximum number of hours that can be paid upon termination or transfer is 180 hours.

(7) Scheduling and Use of Vacation Leaves. Vacation leaves are scheduled with the approval of the employee's supervisor and should be planned cooperatively with the employee. Vacation leave should be scheduled in such a manner as to minimize disruption to the organization. Supervisors must be reasonable in allowing the use of vacation leave and may not unreasonably deny vacation requests where the result would be the forfeiture of accrued vacation. For purposes of calculation, one normal work day is the equivalent of eight hours of vacation leave for a full-time employee.

(8) Record Keeping. The University is responsible for maintaining the individual records of vacation accrual and use.

(9) Vacation Donation. The transfer of vacation time, for use by another employee, classified or unclassified, is not permitted.

(10) Vacation Borrowing. Employees are not permitted to borrow against vacation that is not yet accrued. (Section 12, relating to interim provisions for employees moving from Management Service to Unclassified Service, was repealed December 1, 1999.)

(11) Notwithstanding Section J(6) of this policy, from the period December 1, 2013 through June 30, 2015, unclassified employees of the Office of the Chancellor, upon termination or transfer as described in this rule, may receive cash payment for up to 260 hours of accrued vacation leave.

K. Absence Due to Illness

Reassignment of the work of a staff member incapacitated by illness over a period longer than one month must have the approval of the President or division head.

L. Sick Leave Plan for Academic Personnel

(1) Eligibility. All full-time academic staff will be credited with eight hours of sick leave for each full month of service, or two hours for each full week of service less than one month. Part-time academic staff employed .50 FTE appointment or more will be credited pro rata amount. Graduate assistants are not eligible to accrue or to use sick leave. An academic staff member whose appointment is less than .50 FTE is not eligible to accrue sick leave, but is eligible to use a prorate of sick leave accrued but unused while previously employed .50 FTE or more. In addition, sick leave is not earned or used during sabbatical leave, educational leave or leave without pay. Sick leave credit shall be earned during sick leave with pay and during other periods of paid leave. There is no limit on the amount of sick leave that may be accrued.

(2) Earned Sick Leave Use. Academic staff who have earned sick leave credits must use the credits for any period of absence from service that is due to the employee's illness, injury, disability resulting from pregnancy, necessity for medical or dental care, exposure to contagious disease or attendance upon members of the employee's immediate family (employee's parents, spouse, children, brother, sister, grandmother, grandfather, son-in-law, daughter-in-law or another member of the immediate household) where employee's presence is required because of illness or death in the immediate family of the academic staff member or the academic staff member's spouse. As an alternative, the academic staff member can request to be on sick leave without pay. The institution may require a physician's certificate to support the sick leave claim for any absence in excess of 15 consecutive calendar days or for recurring sick leave use. The institution may require a physician's certificate before allowing return to work to certify that the return would not be detrimental to the academic staff member or to others.

(3) Recordkeeping. At the time and in the manner prescribed by the President, each academic staff member covered by these provisions shall certify to the officer designated the amount of sick leave earned and the amount of sick leave with pay used. Sick leave records will be maintained in an appropriate file at the institution.

(4) Sick Leave Without Pay. The President or designee may grant sick leave without pay for up to one year when the academic staff member has used all accrued sick leave with pay. The academic staff member must submit a written request for leave and shall be required to submit a physician's certificate. Extensions beyond one year may be granted on a year-by-year basis.

(5) Unearned Sick Leave Advance. The purpose of this section is to provide salary continuance for up to 90 calendar days of absence due to illness through a combination of accrued and advance sick leave. Each full-time academic staff member is entitled to receive a sick-leave-with-pay advance as needed to provide the difference between sick leave earned as of the onset of the illness or injury and 520 hours; part-time staff are eligible to receive a sick-leave-with-pay advance proportional to FTE to provide the difference between sick leave earned as of the onset of the illness or injury and a prorate of 520 hours. As sick leave is earned, the amount shall replace any sick leave advanced until all advanced time is replaced with earned time. No more than a 520-hour sick leave advance is available during a seven-year period that begins with the first sick leave advance. More than one sick leave advance is possible as long as the total advance does not exceed 520 hours during a seven-year period. Sick leave that may have been advanced, but unused, cannot be considered for purposes of computing retirement benefits. Academic staff on fixed term appointment cannot receive an advance that extends beyond the end date of the fixed term appointment except upon written approval of the President or designee.

(6) Transfer and Termination. An academic staff member is entitled to transfer in unused sick leave earned with any other agency of the State of Oregon including sick leave earned in the classified service provided the break in service upon transfer does not exceed two years. An academic staff member who leaves employment with the State of Oregon and then returns is entitled to reinstate the previous unused, accrued sick leave. An academic staff member who terminates employment is not entitled to compensation for unused sick leave except in the calculation of the Public Employees' Retirement System (PERS) retirement benefit as provided in ORS 237.153. As used in this subsection, and for these purposes only, the term "any other agency of the State of Oregon" shall include and apply to the Oregon Health & Science University (OHSU).

(7) Summer Appointments. Regular nine-month academic staff employed half-time or more to teach summer session or to work on summer wage appointments are eligible to accrue and to use sick leave during the period of such appointment. Regular nine-month staff employed less than half-time during summer session are not eligible to accrue sick leave, but are eligible to use a prorate of sick leave earned but unused while previously eligible to accrue leave. Other summer session teaching staff hired only to teach summer session are not eligible to accrue or to use sick leave.

(8) Workers' Compensation Integration. The purpose of this section is to insure that an academic staff member who receives a workers' compensation payment for lost time resulting from a compensable job-related illness or injury and salary paid for the same period of time does not exceed the academic staff member's regular salary for that period, and that paid leave is not charged for the payment received from workers' compensation:

(a) Salary paid for a period of sick leave that is taken as the result of a job-related illness or injury compensable under workers' compensation shall be equal to the difference between the worker's compensation benefit for lost time and the academic staff member's regular salary for the period for which the benefit is being paid. An academic staff member who is receiving workers' compensation time loss benefits can choose to use a prorated amount of accrued sick leave or a prorated amount of other accrued paid leave or sick leave without pay. Should an academic staff member elect to use other accrued paid leave for this purpose, instead of sick leave, the salary paid for this period shall be the difference between the workers' compensation benefit paid for lost time and the academic staff member's regular salary for the period for which the benefit is being paid. In such instances prorated charges will be made against the accrued paid leave;

(b) An academic staff member is not entitled to keep both salary, including paid leave, and workers' compensation benefits if the total exceeds the employee's regular salary. The University is responsible for coordinating the proration of salary, including sick leave or other paid leave, with workers' compensation lost time benefits. The University is entitled and is responsible to recover any salary overpayment that may have occurred. An academic staff member who receives a regular salary payment and a workers' compensation lost time benefit payment shall immediately notify the institutional payroll or other designated officer of such overpayment and shall return promptly to the University the amount of the salary overpayment. The University shall recover the amount of salary overpayment through payroll deduction or by cash payment according to existing University procedures.

M. Transfer of Accumulated, Unused Sick Leave

(1) University academic and administrative unclassified staff may transfer unused accumulated leave balances between the University and state agencies, subject to sick leave transfer provisions in (3) and (4), and applicable collective bargaining agreements.

(2) For purposes of this policy, a "state agency" includes all state agencies in the executive, judicial, or legislative departments of the State of Oregon. Special government bodies, including community colleges, school districts, education service districts, are not considered state agencies for purposes of this rule. Local government public employers other than state agencies are likewise ineligible to transfer unused leave to or from the University.

(3) Assumption of Funding Liability. Hiring agencies and departments assume funding liability for sick leave transferred under the provisions of this policy.

(4) Sick Leave. The full amount of accumulated, unused sick leave available at the time an employee separates from service may be transferred to the University or state agency when the employee is hired. Unearned, advanced sick leave that results in a negative sick leave balance is neither transferred nor accepted by the University.

(a) Accumulated, unused state agency sick leave earned during employment with a state agency, including leave earned in classified service, may be transferred to the hiring University if the break in service does not exceed two years, subject to approval of the hiring University.

(b) Accumulated, unused sick leave earned during employment with the University shall be transferred to the hiring state agency if the break in service does not exceed two years, subject to the rules of the state agency.

N. Use of Employees' Social Security Numbers

(1) The University shall comply with the requirements of Section 7 of the Privacy Act of 1974 when requesting disclosure of an employee's Social Security Number. Pursuant to the authority of the University to implement personnel systems and exercise payroll authority, the University may request that employees furnish valid Social Security Numbers for mandatory and voluntary uses, subject to the use and disclosure provisions of the Privacy Act.

(2)(a) The University may require disclosure of an employee's Social Security Number for mandatory uses as provided for under Section 7(a)(2) of the Privacy Act, including:

(A) Use and disclosure for certain program purposes, including disclosure to the Internal Revenue Service, the Social Security Administration, the Federal Parent Locator Service, the Department of Veterans Affairs, the Bureau of Citizenship and Immigration Services, Aid to Families with Dependent Children, Medicare and Medicaid, Unemployment Insurance, Workers Compensation, and, in appropriate cases, epidemiological research.

(B) Administration and accounting purposes including the payment of state, federal and local payroll taxes; withholdings for FUTA and FICA; calculation and applicable reporting of pre-tax salary deductions for benefits including, but not limited to, IRC 117 and IRC 127 scholarship and educational assistance programs; IRC 457 deferred compensation and IRC 403(b) tax-sheltered annuity plans; IRC 401(a) retirement plans; IRC 132 pre-tax parking and transit plans, IRC 125 flexible spending account or cafeteria plans; or IRC 105 or 106 health reimbursement arrangements.

(C) To the extent required by federal law, an employee's Social Security Number may be provided to a foreign, federal, state, or local law enforcement agency for investigation of a violation or potential violation of a law for which that entity has jurisdiction for investigation or prosecution.

(b) The University may request voluntary disclosure and consent to use an employee's Social Security Number for the following purposes: internal verification and identification for personnel administration, employment-related background checks, payroll records, enrollments or elections for participation in campus programs and services provided by the public universities.

(c) The University may request voluntary disclosure and consent to use the Social Security Number of an employee or the spouse, partner or dependent of the person requesting participation, as required by the administrator of each record-keeping system, benefit, program or service.

(3) A request for disclosure of an employees' Social Security Number will notify the employee:

(a) Whether disclosure is mandatory or voluntary;

(b) Under what statutory or other authority the social security number is requested;

(c) What specific use or uses will be made of the number; and

(d) What effect, if any, refusal to provide the number or to grant consent for a voluntary use as described above in (2)(b) and (c) will have on an individual.

(4) An employee's Social Security Number may not be put to a voluntary use as described above in (2)(b) and (c) unless the employee has granted consent for that use. If, after having provided notice and received consent to use an employee's Social Security Number for specified purposes, the University wishes to use the Social Security Number for additional purposes not included in the original notice and consent, the requesting entity must provide the employee notice and receive the employee's consent to use the number for those additional purposes.

(5) An employee's refusal to permit a voluntary use of his or her Social Security Number will not be used as a basis to deny the employee a right, benefit, or privilege provided by law.

(6) The University will develop a model disclosure and consent form for use by the University. The University may use a disclosure and consent form that differs from the model form only if:

(a) The differences are required to satisfy specific programmatic requirements or the entity's particular administrative needs, and

(b) The form complies with all requirements of the Privacy Act of 1974 and this rule.

O. Conditions of Employment on Gift, Grant and Contract Funds

(1) The President shall determine whether unclassified personnel whose employment is financed primarily by gifts, grants or contracts shall be subject to University policies regarding vacations, sick leave, tenure, promotion, sabbatical leave and timely notice of nonrenewal or termination of employment.

(2) University policies that do not apply to a particular employee, and any substitute provisions, shall be specifically identified in the notice of appointment.

P. Grievance Procedures

(1) The University shall adopt, in consultation with faculty advisory committees including female and minority faculty and representatives of certified bargaining units, if any, appropriate grievance procedures, in accordance with the rulemaking procedures of the Administrative Procedure Act. The grievance procedures shall apply to all unclassified academic employees with faculty rank.

(2) For purposes of this policy and Section Q:

(a) "Grievance" means a complaint by an academic employee that the employee was wronged in connection with compensation, tenure, promotion or other conditions of employment or the employee's rights were denied as to reappointment;

(b) "Other conditions of employment" shall include, but not necessarily be limited to: violations of academic freedom; discriminatory employment practices; nondiscriminatory employment practices; and laws, rules, policies, and procedures under which the University operates. However, challenges to disciplinary actions or procedures shall be raised under Section F;

(c) "Days" mean calendar days unless expressly designated otherwise.

(3) The University’s grievance procedures shall:

(a) Set out the details of a grievance procedure appropriate to the University;

(b) Include both informal and formal steps. The formal steps shall include an appropriate administrator, a faculty committee (at the option of the grievant) and the President. The University may (at its option) provide a grievance officer. However, a grievance may be resolved at any step. In a formal grievance, all complaints, responses and decisions must be in writing;

(c) Establish time limits within which a grievance must be filed and for each step that will permit timely resolution of issues. Informal grievances shall receive a response within 15 days. In no instance shall the length of time between the presentation of the written grievance and the final University decision be more than 180 days, unless agreed to by the grievant. In the event a decision is not made at any level within the designated time limit, the grievant may submit the grievance to the next step;

(d) Provide for a hearing, at the option of the grievant, by a faculty committee selected by the faculty at the University.

(e) Provide for the appointment by the president of an administrative officer, or officers, (grievance officer) to receive and act upon the recommendations of the faculty committee. The University may, alternatively, opt to have the President receive and act upon the recommendations of the faculty committee.

(4) The University may elect not to proceed with a grievance if the grievant also seeks resolution in another forum.

(5) The University shall adopt rules of procedure for the faculty committee that allow for:

(a) A meaningful opportunity for the grievant to be heard;

(b) An opportunity for each party to present evidence, argument and rebuttal;

(c) The right to representation for each party at that party's expense;

(d) A hearing open to the public at the option of the grievant to the extent allowed by law;

(e) Written conclusions, based only upon evidence presented at the hearing; and

(f) Access by each party to a complete record of the hearing.

(6) The faculty committee shall make recommendations regarding the disposition of the grievance to the grievance officer or President (depending on the University’s election).

(7) Unless the grievance is resolved at a lower level, the President or grievance officer (depending on the University’s election), shall review the recommendations of the faculty committee, if any, and the President or grievance officer shall issue a decision.

(8) If the President or grievance officer (depending on the University’s election) rejects or modifies the recommendations of the faculty hearing committee, the reasons shall be stated in writing, and a copy provided to the grievant and to the hearing committee.

(9) Where the University has opted to use a grievance officer, the grievant may appeal the decision of the grievance officer to the President pursuant to Section Q.

(10) Under either option as set forth above, and except as set forth herein, the decision of the President shall be final, and shall be an exhaustion of grievant's administrative remedies with the University and the Board of Trustees (Board). If the grievance involves the President or where the President is the immediate supervisor of the grievant, then the appeal, set forth in Section 9, shall be to the Board (all other provisions of this rule shall otherwise apply).

(11) Nothing contained in this policy shall be construed to limit the right of the Board to make such inquiry and review into personnel actions as it may from time to time deem, in its sole discretion, appropriate.

(12) Where collective bargaining agreements or policies exist at the University in which grievance procedures are specified and such procedures exceed the standards in this policy, such agreements or policies shall control, to the extent not inconsistent with the policy.

(13) After consultation with the appropriate faculty committees and approval of the President, the University shall adopt its policies by October 1, 2001.

(14) The University shall report annually to the Board beginning July 2002, on the number, basis and outcome of all formal grievances filed under the policies herein required.

Q. Appeal of Grievance Decisions

(1) Where the University has opted to utilize the process of decision by a grievance officer as set forth in Section P(3)(e), a grievant may request review by the President of a decision described in Section P(7). The President shall review the record of the grievance. The President shall decide, based on his/her own review, whether to support the grievance officer's decision. The President’s decision must be reached within 90 days of the date on which the request is received in the President's Office.

(2) A request for review by the President shall be in writing and must be received in the President's Office within 15 days of the grievant's receipt of the grievance officer's decision. The request shall briefly state the basis for the request for review and the specific facts that would support action by the President consistent with Section Q(4) of this policy. The request shall include a copy of the grievance officer's decision.

(3) Review by the President shall consist of an examination of the record of the grievance. The President may elect to receive additional written or oral presentations from the grievant and the grievance officer.

(4) The President shall not reverse a decision of a grievance officer unless:

(a) Procedural error was committed by the University during the grievance procedure and the error resulted in prejudice to the grievant;

(b) The decision of the grievance officer is not supported by substantial evidence; or

(c) The decision is in conflict with applicable policies or law.

(d) The President’s decision shall be in writing and shall be sent to the grievant and the grievance officer.

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Original Source: 
Oregon Administrative Rule

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