Family Relationships and Employment

Reason for Policy: 

This policy outlines matters pertaining to appointments to positions at the University of Oregon as it relates to family relationships and such employment.

Entities Affected by this Policy: 

All UO employees and candidates for employment.

Responsible Office: 

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

Enactment & Revision History: 

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

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

Former Oregon Administrative Rule Chapter 571 Division 4 Section 0005.

Policy: 

Family Relationships and Employment

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

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

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

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

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

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

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

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

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

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

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

Chapter/Volume: 
Original Source: 
Oregon Administrative Rule

Conflicts of Interest and Abuses of Power: Sexual or Romantic Relationships with Students

Policy Number: 
571.004.00
Reason for Policy: 

This policy addresses sexual or romantic relationships between a faculty member and student or between a staff member and student in order to foster a learning environment characterized by professional behavior and fair and impartial treatment.

Entities Affected by this Policy: 

All UO employees and students.

Responsible Office: 

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

Enactment & Revision History: 

Temporary policy enacted by President Schill on January 30, 2018.

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

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

Former Oregon Administrative Rule Chapter 571 Division 4 Section 0007.

Policy: 

Conflicts of Interest and Abuses of Power: Sexual or Romantic Relationships with Students

(1) The University is committed to fostering a learning environment characterized by professional behavior and fair and impartial treatment.

(a) A sexual or romantic relationship between a faculty member and a student or a staff member and a student can involve a conflict of interest, an abuse of power, compromised judgment and impaired objectivity when the faculty member or staff member has supervisory, evaluative or other power over the student. The power differential in the relationship may even make a student's consent to a sexual or romantic relationship suspect.

(b) Moreover, the relationship may create an apparent or actual conflict of interest that can adversely affect other members of the University community. It places the faculty member or staff member in a position to favor the interest of the student in the sexual or romantic relationship at the expense of third parties. Even if consensual, the relationship may be disruptive of the collegiality and mutual trust that are essential for the effective functioning of an academic unit.

(c) THEREFORE, it is a Conflict of Interest and abuse of power for: (1) faculty members and staff to engage in sexual or romantic relationships  (Relationships) with students enrolled in their classes or otherwise subject to their supervision or evaluation; (2) staff members to engage in sexual or romantic relationships with students subject to their supervision or authority; and (3) work supervisors to engage in sexual or romantic relationship with students subject to their supervision or evaluation. Conflicts of Interest can occur even when both parties have consented to the relationship. As defined and explained below, the University of Oregon prohibits Conflicts of Interest.

(2)  Examples of Conflicts of Interest: Faculty/Student Relationships.

(a) Within the instructional context: No faculty member should initiate or acquiesce in a Relationship with a student who is enrolled in a course being taught by the faculty member or whose academic work (including work as a teaching assistant) is supervised or evaluated by the faculty member. Faculty members in Relationships that pre-date the course start date or the supervisory or evaluative relationship must make prompt Appropriate Arrangements,” as defined below.

(b) Outside the instructional context: A Relationship between a faculty member and a student outside the instructional context is a Conflict when the faculty member and student are in the same academic unit or in units that are academically allied and the faculty member has the power to make decisions that may reward or penalize the student with whom he or she is in a Relationship.  Faculty members in Relationships that pre-date the supervisory or evaluative relationship must make prompt Appropriate Arrangements, as defined below. Failure to make prompt Appropriate Arrangements may result in discipline.

(3) Examples of Conflict of Interest: SEIU/Student Relationships: A Relationship between an SEIU employee  and a student is a Conflict when the staff member has supervisory, evaluative or other power over the student. SEIU members in Relationships that pre-date the supervisory or evaluative relationship must make prompt Appropriate Arrangements, as defined below. Failure to make prompt appropriate arrangements (defined in (9)(a)) constitutes unwillingness to perform satisfactorily the responsibilities of the position and demonstrates unfitness for the position.

(4) Complaint process: Complaints by students with standing to allege a violation of this policy shall be handled in accordance with procedures set forth in UO Policy 571.003(L). Complaints may be initiated by the student in the Relationship OR by third parties who are also in an evaluative relationship with the faculty or staff member and who allege they have been specifically adversely affected by the relationship. Complaints initiated by the students in the Relationship must be filed within 365 days of the end of the supervisory or evaluative relationship.  Any person may report an alleged violation of this policy to the Office of Affirmative Action and Equal Opportunity and when appropriate, it may also initiate an investigation.

(5) Basis for findings: In assessing the evidence in a complaint or investigation:

(a) The decision maker may only base his/her finding of a violation of this policy upon no less than a preponderance of evidence that the Relationship occurred and there was a Conflict. If the Relationship pre-dated the Conflict, then the decision maker will also consider whether prompt appropriate arrangements were made;

 (b) Consent to the Relationship does not obviate a conflict of interest as defined by this policy.

(6) Abuse of Process: Complaints found to have been intentionally dishonest or made with willful disregard of the truth may subject the complainant to appropriate disciplinary proceedings and the full range of sanctions available therein.

(7) Sanctions: Only the party with evaluative, supervisory or other power is subject to sanction for violating this policy. For unrepresented faculty, imposition of sanctions under UO Policy 580.021.0300-470(F), et seq., typically involves a hearing panel of peers. For represented faculty, discipline shall be imposed in accordance with the collective bargaining agreement. For officers of administration, discipline will be imposed pursuant to applicable OA policies and procedures. Documentation (defined in (9)(c)) of arrangements believed to be appropriate will be taken into account in assessing whether a conflict of interest has occurred, whether it has been mitigated, to the extent possible, and in determining the severity of sanction, if any. The following list of sanctions that may be imposed is not intended to be exhaustive, and more than one sanction may be imposed for any single offense: written reprimand placed in the personnel file of the faculty or staff member; reassignment of duties (e.g., teaching, administrative, or service duties); reduction in salary; suspension without pay; dismissal.

(a) Written reprimand may be imposed at the discretion of the appropriate Vice President.

(b) Reassignment of duties, reduction in salary, suspension without pay, or dismissal may be recommended by the appropriate vice president, but may be imposed only after completion of appropriate proceedings:

(A) For unrepresented faculty members, for cause proceedings are outlined in UO Policy 580.021.0300-470(F), et seq. For represented faculty, the collective bargaining agreement applies and for officers of administration, the OA policies and procedures apply.

(B) For classified employees, sanctions will be imposed in accordance with applicable collective bargaining agreements.

 (9) Definitions: As used in this policy:

(a) "Appropriate arrangement"  is defined as prompt notification of the Provost or the Provost’s designee and action, approved by the Provost or the Provost’s designee, reasonably calculated to remove or substantially mitigate a conflict or a potential conflict of interest or abuse of power, taking into account the interests of the University, the parties to the relationship, and others actually or potentially affected.  For purposes of this section, prompt means within two weeks of the supervisory or evaluative Relationship beginning. Appropriate arrangements  may include, but are not limited to: moving a student to another section of the same class; appointing a different faculty member to serve on a thesis, dissertation, or other evaluative committee; establishing alternative means of evaluation of academic or work performance; moving a student employee to another position of the same or comparable status and duties.

(b) "Conflict of interest" is defined by the examples above and also means incompatibility of the interest of the University in securing detached, objective performance of instructional, supervisory, or other duties with the personal interest of the faculty or staff member involved in a sexual or romantic relationship with a student he or she supervises or evaluates.

(c) "Documentation" includes but is not limited to a written, dated, and signed description of the actions taken filed with the Provost of the Provost’s designee.

(d) "Faculty" or "faculty member" means all those employees who hold academic appointments, including officers of administration and graduate teaching fellows, and anyone else who teaches classes at the University and/or supervises the academic work of students.

(e) "Power" means the real or objectively apparent authority or ability of an employee to confer or influence the academic, employment or other benefits of a student including, but not limited to: giving grades, evaluating performance, awarding financial benefits, or provision of University services or activities.

(f) "Standing" means that a student has a supervisory or evaluative relationship with a faculty or staff member and is specifically injured by a conflict of interest as defined by this policy.

(g) "Staff" or "staff member" means all University employees who do not hold academic rank.

(h) "Supervisor" or "employee with supervisory responsibility" means all employees who exercise responsibility for provision of University services, assigning work, evaluating performance, or otherwise making decisions that affect the terms and conditions of a student's employment or academic experience at the University.

(10) Nothing in this policy shall be construed as modifying an employee’s reporting obligations under other UO policies including but not limited to, the student sexual and gender-based harassment and violence complaint and response policy.

(11) Employees, students and campus community members who make good faith reports under this policy or who participate in an investigation initiated under this policy shall be protected from retaliation based on their report or participation.

Chapter/Volume: 
Original Source: 
Oregon Administrative Rule

Tandem Appointments

Reason for Policy: 

This policy addresses tandem appointments and required approval before such an arrangement is engaged.

Entities Affected by this Policy: 

All UO employees and students.

Responsible Office: 

For questions about this policy, please contact Human Resources at 541-346-3159 or the Office of the Senior Vice President and Provost at 541-346-3186.

Enactment & Revision History: 

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

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

Former Oregon Administrative Rule Chapter 571 Division 4 Section 0010.

Policy: 

Tandem Appointments

Specific work sites, circumstances or job responsibilities (e.g., grants) may warrant the hiring of tandem teams. Tandem team appointments must receive prior approval of the appropriate Vice President:

(1) A tandem team is defined as a group of two or more individuals working together in a department or on a project toward specific objectives (e.g., grant) and does not refer to job-splitting appointments. In tandem teams the combined qualifications of the individuals who make up the team shall be used in the determination of employment decisions.

(2) Nothing in this policy should be construed to deny any member of a tandem team equal opportunity in University employment, provided the appointment has been based upon open competition and merit, and other members of the team have not unduly influenced the selection process.

Chapter/Volume: 
Original Source: 
Oregon Administrative Rule

Required Immunizations

Policy Number: 
III.04.05
Reason for Policy: 

This policy outlines required immunizations for students entering the University of Oregon.

Entities Affected by this Policy: 

All current and incoming students at the UO; all UO employees who deal with these matters.

Responsible Office: 

For questions about this policy, please contact the University Health Center at 541-346-8393.

Enactment & Revision History: 

Revisions approved by President Michael Schill on January 12, 2017.

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

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

Former Oregon Administrative Rule Chapter 571 Division 4 Section 0016.

Policy: 

Required Immunizations

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

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

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

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

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

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

Chapter/Volume: 
  • Volume III: Administration of Student Affairs
  • Chapter 4: Student health services
Original Source: 
Oregon Administrative Rule

Family Housing Governance

Policy Number: 
III.02.02
Reason for Policy: 

This policy outlines matters relating to Family Housing & University Apartments (FHUA) governance within the University.

Entities Affected by this Policy: 

All resident leaseholders and household members

Responsible Office: 

For questions about this policy, please contact University Housing at 541-346-4277.

Enactment & Revision History: 

Revisions approved by the President and policy renumbered on September 20, 2017.

Technical revisions enacted by the University Secretary on September 3, 2015.

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

Former Oregon Administrative Rule Chapter 571 Division 22, Sections 0020-80.

Reviewed by FHUA RLC July 25th, 2016

Policy: 

 

A. Authority

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

 

B. Family Housing & University Apartments Community Advisory Board

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

 

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

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

 

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

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

(i) Two Spencer View area residents

(ii) One Graduate Housing residents

(iii) One East Campus area residents

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

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

 

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

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

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

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

 

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

 

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

 

F. Emergency Action

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

 

G. Management Responsibilities

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

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

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

(c) Eligibility for residing in FHUA facilities;

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

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

(f) Purchase of equipment, supplies and furniture

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

 

H. Delegation

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

Chapter/Volume: 
  • Volume III: Administration of Student Affairs
  • Chapter 2: Housing and residence life
Original Source: 
Oregon Administrative Rule

Residence Hall Governance

Policy Number: 
III.02.01
Reason for Policy: 

This policy outlines matters relating to residence halls and residence hall governance within the University.

Entities Affected by this Policy: 

Individuals living in residence halls; those working with residence halls or residence hall residents.

Responsible Office: 

For questions about this policy, please contact the office of University Housing at 541.346.4277

Enactment & Revision History: 

Revisions approved by the President and renumbered on September 20, 2017.

Technical revisions enacted by the University Secretary on September 3, 2015.

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

Former Oregon Administrative Rule Chapter 571 Division 22, Sections 0005-0015.

Policy: 

 

A. Policies and Procedures

 

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

 

B. Preface

 

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

 

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

 

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

 

C. Residence Hall Governance Structure

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

 

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

 

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

 

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

Chapter/Volume: 
  • Volume III: Administration of Student Affairs
  • Chapter 2: Housing and residence life
Original Source: 
Oregon Administrative Rule

Student Records

Policy Number: 
III.05.03
Reason for Policy: 

This policy outlines matters relating to student records.  

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 the University Registrar at 541-346-2935.

Enactment & Revision History: 

Policy number changed from 571.020 (former OAR) to UO Policy III.05.03 on November 2, 2016.

Technical revisions enacted by the University Secretary on September 3, 2015.

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

Former Oregon Administrative Rule Chapter 571 Division 20.

Policy: 

A. Introduction

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

B. Definitions

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

(2) "Directory information" means the student's name; mailing and permanent address(es); telephone number(s); electronic mail address(es); whether the student is or has been enrolled; enrollment status (e.g., full-time or part-time); dates of attendance; class level; cumulative credit hours; major and minor fields of study; participation in officially recognized activities and sports; and degrees, certificates, honors and awards received. For graduate teaching fellows, "directory information" also means status as a graduate teaching fellow and teaching assignment.

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

(A) Directly related to a student; and

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

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

(A) Sole possession records;

(B) Records of the Department of Public Safety;

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

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

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

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

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

(a) The student's name;

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

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

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

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

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

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

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

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

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

C. Location and Custody of Student Records

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

D. Access to Education Records by a Student

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

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

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

E. Fees for Copies of Education Records

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

F. Limitations on Access to Education Records

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

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

G. Disclosure of Directory Information

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

J. Procedures for Seeking Amendment of Education Records

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

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

(b) The specific amendment sought;

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

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

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

K. Availability of Education Records for Research Purposes

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

L. Records of the Department of Public Safety

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

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

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

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

M. Limitations on the Re-disclosure of Information

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

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

N. Recordkeeping Requirements

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

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

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

O. Permanence, Duplication, and Disposal of Student Records

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

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

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

P. Annual Notice

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

Chapter/Volume: 
  • Volume III: Administration of Student Affairs
  • Chapter 5: Student Records
Original Source: 
Oregon Administrative Rule

Student Medical Leave

Policy Number: 
III.05.05
Reason for Policy: 

This policy outlines matters relating to student medical leave.

Entities Affected by this Policy: 

All students and UO employees who interact with students on medical leave.

Responsible Office: 

For questions about this policy, please contact the Vice President for Student Life: (541) 346-1137.

Enactment & Revision History: 

Revisions approved by University President Michael Schill on May 4, 2017. Policy renumbered from 571.023 to III.05.05.

Technical revisions enacted by the University Secretary on September 3, 2015.

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

Former Oregon Administrative Rule Chapter 571 Division 23.

Policy: 

A. Definitions

 (1) "Dean's Consultation" occurs when the Dean of Students convenes a group of professionals to recommend actions and strategies to respond to a student's failure to meet the University's Standards of Responsibility and Self Care.

(2) "Medical Leave" means leave during an academic term, resulting from a student's medical or mental health condition that requires the student to interrupt their enrollment.

 (3) “Standards of Responsibility and Self Care” means that a student in the University community is experiencing a serious medical or mental health condition or emergency that substantially threatens the welfare of self or others and/or significantly disrupts the functioning of University operations.

(4) "Vice President" means Vice President for Student Life or successor or designee.

(5) “Dean of Students” means the Associate Vice President & Dean of Students or successor or designee.

B. Voluntary Medical Leave

A student who wishes to be placed on Voluntary Medical Leave from the University shall contact the Dean of Students and, if requested, present a recommendation to that effect from a physician or psychologist.

The Dean of Students may request the Executive Director of the University Health Center (if the request for leave is based on a medical condition) or the Director of the University Counseling and Testing Center (if the request for leave is based on mental health conditions) or both (if the Dean of Students believes information from both directors would be useful) evaluate the information provided.

Once the Dean of Students grants the student's request, they will work with the student on a plan for return and plan for success upon such return, as appropriate, in accordance with Section I below, regarding Resumption of Student Status.

C. University Duties of Refund and Other Academic Alternatives

If a student is placed on leave from the University pursuant to the provisions of UO Policy 571.023(B) or (G), the Dean of Students is authorized to instruct the University Registrar, when necessary, to withdraw the student immediately and to initiate the appropriate tuition and fee refund according to the University refund schedule, or explore and/or implement alternative or additional reasonable accommodations, as may be warranted in the circumstances.

D. Standards of Responsibility and Self Care

(1) A student in the University community who does not meet University Standards of Responsibility and Self Care, unless such a student elects voluntary leave, may be referred for a professional assessment or placed on Emergency Temporary Medical Leave or Mandatory Leave.

In evaluating whether a student does not meet University Standards of Responsibility and Self Care, the University will make an individualized and objective assessment of the student’s ability to participate in the University’s programs and activities, based on reasonable medical judgment or the best available objective evidence.  The assessment will determine the nature, duration and severity of the risk, the probability that the potential harm will actually occur and, if a qualifying disability exists, whether reasonable accommodations can be implemented to mitigate the risk sufficiently to allow the student to continue to access University programs and activities.   

The involuntary Emergency and Mandatory Leave processes are not a substitute for disciplinary action when there is a violation of the Student Code of Conduct, and the disciplinary process is separate from the process outlined here.  Because conduct that gives rise to Emergency or Mandatory Leave might also result in Student Conduct sanctions, it is possible that a student who has met the designated conditions for reenrollment following an Emergency or Mandatory Leave may not be eligible for reenrollment based on the conduct sanction administered.

E. Emergency Temporary Leave

(1) The Dean of Students may take emergency action to place a student on Emergency Temporary Leave when necessary to secure the health or safety of the student or others. At the time that the emergency action takes place, the Dean of Students shall (A) inform the student of the reason for the emergency action, (B) give the student the opportunity to explain why emergency action need not be taken, and (C) inform the student that the meeting outlined in the Mandatory Leave Procedure section below will take place within three (3) business days of the Emergency Action if the student is available, or if the student is unavailable for medical reasons, within three (3) business days after the student becomes available.

(2) Mandatory Leave. If the Dean of Students believes a student’s medical or mental health issues substantially threaten the welfare of self or others and/or significantly disrupts the functioning of University operations, the Dean of Students may place a student on mandatory leave after following the procedures identified in Section I.

F. Involvement of Emergency Contacts

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

G. Mandatory Leave Procedure

(1) If the Executive Director of the University Health Center or the Director of the University Counseling and Testing Center believes the standard for mandatory leave has been met by a student’s behavior, the director will recommend that the Dean of Students initiate mandatory leave. In some instances, both the Mandatory Leave and Student Conduct procedures may be triggered by the student’s conduct.  The Student may also be placed on emergency temporary suspension by the Dean of Students or designee in the interim, pursuant to the Emergency Action provisions of the Student Conduct Code or the Emergency Temporary Leave provision, discussed above. The director may confer with any individuals the director believes can assist in making a recommendation.

(2) The Dean of Students will request the director prepare a report containing a summary of the steps already taken to respond to the student's medical or mental health issues, a list of individuals who have relevant information regarding the student's medical or mental health issues, and the basis for recommending mandatory leave.

(3) The director will set a date and time for a meeting with the student prior to making a final recommendation regarding Mandatory Leave and provide the student written notice. The notice shall include:

(a) The date, time and place of the meeting;

(b) That the purpose of the meeting is to consider if the student should be placed on Mandatory Leave;

(c) That the standards for making the final decision are whether the student's medical or mental health issues substantially threatens the welfare of self or others, or significantly disrupts the functioning of University operations: and

(d) That the student has the opportunity to attend, to participate in the meeting, and to be accompanied by a personally-selected representative.  Should the student elect not to attend the meeting, the process will proceed without the benefit of the student’s input, with the director’s evaluation based on the information otherwise available.

(4) The director shall conduct the meeting in an informal manner that provides the director with an opportunity to gather information relevant to the final decision and provides the student with an opportunity, if the student wishes, to provide information the director or student believes will be useful in making a final recommendation. The student's opportunity to participate in the meeting shall include the opportunity to provide information from others who may have knowledge regarding whether the student's medical or mental health issues substantially threatens the welfare of self or others and/or significantly disrupts the functioning of University operations.

(5) If the director concludes that the student's medical or mental health condition does not substantially threaten the welfare of self or others, nor significantly disrupts the functioning of University operations, the director will so advise the  Dean of Students in writing.  The Dean of Students will decide whether to enforce the mandatory leave and inform the student of the decision.

(e) If, following the meeting with the student, the director concludes that the student's medical or mental health condition substantially threatens the welfare of self or others, or significantly disrupts the functioning of University operations the director will so advise the Dean of Students in writing, and may recommend the student be placed on mandatory leave. The Dean of Students will decide whether to enforce the mandatory leave and inform the student of the decision.

 (f) A student may appeal the Dean of Student’s determination regarding Mandatory Leave or the conditions placed on the Student’s return, pursuant to I below, to the Vice President. Such an appeal must be filed within 14 days.  The Vice President shall review all available information provided by the Dean of Students and the affected student and may request an opportunity to request additional information from the Dean of Students and the affected student.  The Vice President's decision is final.

H. Resumption of Student Status

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

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

(3) The Dean of Students and counseling (for psychological conditions) or health (for medical conditions) center director or their designees will review the student's plan and meet with the student. The student will be asked to authorize the counseling or health center director or designee to consult with the student’s recent/current mental health or medical providers about mental health issues relevant to the student’s readiness to return to the University. After the Dean of Students and counseling or health center director have reviewed the student's plan, the Executive Director of the University Health Center (for behavior based on medical issues or emergencies) or the Director of the University Counseling and Testing Center (for behavior based on mental health issues or emergencies) or both (if the Dean of Students believes information from both directors would be useful) will make a recommendation to the Dean of Students, who will decide if the student's request to re-enroll at that time shall be granted or denied.

 

Chapter/Volume: 
  • Volume III: Administration of Student Affairs
  • Chapter 5: Student Records
Original Source: 
Oregon Administrative Rule

Faculty Records Policy

Reason for Policy: 

This policy outlines certain matters pertaining to faculty records, including restrictions, access, confidentiality, location and custody, permanence, duplication, disposal, and fees for copies.

Entities Affected by this Policy: 

All UO faculty and those who interact with, manage or hold faculty records.

Responsible Office: 

For questions about this policy, please contact Academic Affairs at 541-346-3081.

Enactment & Revision History: 

Technical revisions enacted by the University Secretary on September 3, 2015.

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

Former Oregon Administrative Rule Chapter 571 Division 30.

Policy: 

A. Authority

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

B. Definitions

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

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

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

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

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

C. Faculty Records – Restrictions on Use

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

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

D. Faculty Records – Restrictions on Content

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

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

E. Personal Records – Restrictions on Access

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

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

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

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

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

F. Personal Records – Access by Subject Faculty Member

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

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

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

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

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

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

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

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

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

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

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

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

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

G. Personal Records – Access for Research Purposes

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

H. Personal Records – Location and Custody

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

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

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

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

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

I. Personal Records – Permanence, Duplication, and Disposal

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

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

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

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

J. Fee for Copies

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

Chapter/Volume: 
Original Source: 
Oregon Administrative Rule

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: 

Technical revisions enacted by the University Secretary on September 3, 2015.

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

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.

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Oregon Administrative Rule

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