Oregon Revised Statutes
Chapter 352 — Public Universities
235 sections
The following are established as public universities in the State of Oregon:
University of Oregon.
Oregon State University.
Portland State University.
Oregon Institute of Technology.
Western Oregon University.
Southern Oregon University.
Eastern Oregon University.
As used in this section, “professional doctoral degree” means a first professional degree, excluding a Doctor of Philosophy degree, that:
Represents a category of qualifications in a professional subject area that requires students to have previously completed specified undergraduate coursework or obtained previous undergraduate degrees before enrolling in …
Eastern Oregon University is designated and shall be known as Oregon’s Rural University.
Oregon Institute of Technology is designated and shall be known as Oregon’s Polytechnic University.
Portland State University is designated and shall be known as Oregon’s Urban Research University.
Public universities listed in ORS 352.002 shall cooperate with the Higher Education Coordinating Commission in the development of a state comprehensive education plan including post-secondary education and in review of the universities’ programs and budget. The public universities shall submit in timely fashion to the commission the data as is appropriate in…
PUBLIC UNIVERSITY GOVERNANCE
(Generally)
The Legislative Assembly finds that the State of Oregon will benefit from having public universities with governing boards that:
Provide transparency, public accountability and support for the university.
Are close to and closely focused on the individual university.
Lead to greater access and affordability for Oregon residents and do not disadvantage Ore…
Chapter 768, Oregon Laws 2013, is intended to preserve the autonomy of the public universities listed in ORS 352.002.
Note: 352.027 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note: Legisla…
As used in ORS 352.025 to 352.146 and 352.388 to 352.415:
“Governing board” means a governing board of a public university listed in ORS 352.002 that manages the affairs of the university by exercising and carrying out all of the powers, rights and duties that are expressly conferred upon the governing board by law, or that are implied by law or are inciden…
A public university listed in ORS 352.002 is a governmental entity performing governmental functions and exercising governmental powers. A public university listed in ORS 352.002 is not considered a unit of local or municipal government or a state agency, board, commission or institution for purposes of state statutes or constitutional provisions. [2013 c.76…
A public university listed in ORS 352.002 is created to carry out public missions and services in keeping with principles of public accountability and fundamental public policy, guided by the legislative findings in ORS 350.001 and 350.005 and consistent with the goals and mission described in ORS 350.009 and 350.014.
A public university listed in ORS 352.0…
A governing board is established for each of the following public universities:
University of Oregon;
Portland State University;
Oregon State University;
Eastern Oregon University;
Oregon Institute of Technology;
Southern Oregon University; and
Western Oregon University.
The University of Oregon governing board shall be known as the Board of Trustees…
On an annual basis, the Higher Education Coordinating Commission shall submit to the Legislative Assembly an evaluation of public universities listed in ORS 352.002. Each public university must be evaluated in the manner required by this section once every two years. As part of the evaluation submitted to the Legislative Assembly, the commission may make rec…
Not later than January 1 of each odd-numbered year, each public university listed in ORS 352.002 shall submit to the Higher Education Coordinating Commission a report that is a concise narrative identifying:
Legislative mandates imposed on public universities;
The impact of the legislative mandates on the costs of higher education at the public university;…
A governing board for a public university must be formed and maintained as provided in this section.
A governing board shall consist of between 12 and 16 voting members and two nonvoting members. The Governor shall appoint all of the 12 to 16 voting members of the governing board and a nonvoting undergraduate student member of the governing board, subject t…
Notwithstanding the term of office specified in ORS 352.076, the term of a member appointed to a governing board by the Governor may be adjusted so that one-half, as nearly as possible, of the members of the board are appointed biennially.
A public university listed in ORS 352.002 may:
Acquire, receive, hold, keep, pledge, control, convey, manage, use, lend, expend and invest all moneys, appropriations, gifts, bequests, stock and revenue from any source.
Borrow money for the needs of the university in such amounts and for such time and upon such terms as may be determined by the university o…
The Higher Education Coordinating Commission shall:
Provide regular opportunities for members of governing boards from all public universities listed in ORS 352.002 to meet and discuss issues related to:
The work of governing boards; and
Higher education throughout Oregon.
Provide opportunities for members of governing boards to meet with commissioners f…
A public university listed in ORS 352.002 shall adopt a mission statement for the university, and shall forward the statement to the Higher Education Coordinating Commission.
A public university listed in ORS 352.002 shall submit any significant change in the university’s academic programs to the Higher Education Coordinating Commission. The commission shal…
The governing board of each public university listed in ORS 352.002 shall formally adopt policies that:
Provide the opportunity at all regularly scheduled meetings of the governing board for live comments;
Allow a representative from official student, faculty and nonfaculty staff governance organizations to provide comments or report to the governing board…
In consultation with the Governor, or the Governor’s designee, the governing board of a public university listed in ORS 352.002 shall appoint and employ a president of the university.
The governing board shall prescribe the president’s compensation and terms and conditions of employment.
The president of a public university listed in ORS 352.002 is the pre…
Except as set forth in this section, the governing board may authorize, establish, eliminate, collect, manage, use in any manner and expend all revenue derived from tuition and mandatory enrollment fees.
The governing board shall establish a process for determining tuition and mandatory enrollment fees. The process must:
Include the use of an advisory body…
Each public university listed in ORS 352.002 shall have an advisory body to advise the president of the university on the president’s recommendations to the governing board regarding resident tuition and mandatory enrollment fees for the upcoming academic year.
The public university shall:
Establish a process to ensure that the advisory body required under…
The board for each public university listed in ORS 352.002 shall collect mandatory incidental fees upon the request of the recognized student government under a process established by the recognized student government of a university. The recognized student government shall:
Make a good faith effort to collaborate with the board and president of the univers…
Legal title to all real property acquired by a public university listed in ORS 352.002 must be taken and held in the name of the State of Oregon, acting by and through the governing board of the public university. Legal title to all real property conveyed to a public university is considered to be conveyed to and vested in the State of Oregon, acting by and …
A governing board may, in its sole discretion, do all of the following:
Police, control and regulate traffic and parking of vehicles on university property.
Establish a police department and commission one or more employees as police officers in the manner and with all of the privileges and immunities set forth in ORS 352.121. When a governing board establ…
The governing board of a public university listed in ORS 352.002 may authorize the university to establish a police department and commission one or more employees as police officers. A police department established under this section has all of the authority and immunity of a municipal police department of this state.
Police officers commissioned under thi…
A public university listed in ORS 352.002 shall engage in collective bargaining with local bargaining organizations of the employees of the university.
A public university listed in ORS 352.002 shall participate in a collective bargaining partnership with other public universities in this state for the purpose of engaging in collective bargaining with exist…
Public universities listed in ORS 352.002 shall, by agreement, establish a system of shared administrative services for the:
Maintenance of federal tax benefits relating to state bonds issued for the benefit of each public university prior to April 30, 2015;
Performance of administrative services relating to the following employee benefits:
Group insuranc…
A public university listed in ORS 352.002 shall annually make available on the university’s website a report describing the university’s use of outside counsel for legal matters. The report must include:
The types of matters handled by outside counsel;
The number of litigation matters handled by outside counsel; and
The total amount spent on outside couns…
All moneys collected or received by a public university listed in ORS 352.002, placed to the credit of the governing board of the public university and remaining unexpended and unobligated on July 1, 2014, or the date that the board is established, whichever is later, and all moneys collected or received by a public university after that date, may be:
Depos…
The following entities are not subject to any provision of law enacted after January 1, 2013, that is unique to governmental entities unless the following entities are expressly named:
A public university listed in ORS 352.002; and
Any not-for-profit organization or other entity if the equity of the entity is owned or controlled exclusively by a public uni…
A public university listed in ORS 352.002 may open, establish, lay out and dedicate to the public use any streets through lands owned by or used for the university. When such streets are opened, established and laid out, they are declared to be dedicated to the public use. The university may declare that it is the road authority pursuant to ORS 810.010 (4) f…
The president and professors constitute the faculty and as such have the immediate government and discipline of a public university listed in ORS 352.002 and the students therein, except as otherwise provided by law or action of the governing board of the public university. The faculty may, subject to the supervision of the governing board and ORS 352.089, p…
Notwithstanding the applicable provisions of ORS 279.835 to 279.855, 279A.140 to 279A.161, 279A.250 to 279A.290, 279A.990, 279B.200 to 279B.240, 279B.270, 279B.275, 279B.280, 279C.360, 279C.365, 279C.370, 279C.375, 279C.380, 279C.385, 279C.500 to 279C.530, 279C.540, 279C.545, 279C.600 to 279C.625, 279C.650 to 279C.670 and 279C.800 to 279C.870, the governing …
The governing board of a public university listed in ORS 352.002 may undertake the construction of any building or structure for higher education when the governing board conservatively estimates that the public university will have sufficient revenues to pay the operating costs and any indebtedness for the building or structure. For purposes of this section…
A public university listed in ORS 352.002 may establish rates, charges and fees for use of buildings, structures and projects under its control. The rates and charges shall be sufficient, in the judgment of the governing board of the university and with other available revenues, as defined in ORS 352.157, to pay the operating costs and any indebtedness for t…
The governing board of a public university listed in ORS 352.002 may cause the buildings, structures or projects referred to in ORS 352.157 and 352.163 and the equipment and furnishings therein and the appurtenances thereto to be insured against fire and other hazards in such sums as will protect the holders of the outstanding bonds issued to finance the cos…
(Employment Policies)
A political or sectarian test may not be allowed or applied in the appointment of faculty and other employees of a public university listed in ORS 352.002.
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, a public university listed in ORS 352.002 may require the fingerprints of a person who:
Is employed or applying for employment by the university; or
Provides services or seeks to provide services to the university as a contractor or volunteer; and
Is, or will be…
The governing boards of public universities listed in ORS 352.002 may allow interchange of members of the faculties of public universities with faculty members of comparable institutions of other states or countries for a period of one year. Such exchange service shall, for all purposes, be deemed continued service with the Oregon public university covered, …
As used in this section, “minority” means:
A person having origins in any of the black racial groups of Africa but who is not Hispanic;
A person of Hispanic culture or origin;
A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands; or
An American Indian or Alaska Native havin…
A governing board as defined in ORS 352.029 may, for the public university under its control, adopt standards and specific orders by or through the president of each public university governing access to personnel records of the public university or office, department or activity that are less than 25 years old.
Standards adopted under subsection (1) of thi…
Each public university listed in ORS 352.002 shall develop a form for graduate students enrolled at the public university who wish to be employed by the public university that:
Requires the graduate student to provide the contact information described in ORS 243.804 (4)(a)(B); and
Waives any privacy rights to, and authorizes the public university to disclo…
The governing board of a public university listed in ORS 352.002 may authorize receipt of compensation for any officer or employee from private or public resources, including, but not limited to, income from:
Consulting;
Appearances and speeches;
Intellectual property conceived, reduced to practice or originated and therefore owned within the public unive…
The governing board of each public university listed in ORS 352.002 shall provide group insurance to employees of the university through the Public Employees’ Benefit Board or may elect to provide an alternative group health and welfare insurance benefit plan to employees of the university on or after October 1, 2016, if the benefit plan is offered through t…
When an employee of a public university listed in ORS 352.002 receives payment of salary or compensation in an amount greater than the employee’s entitlement, the amount of the overpayment may be deducted from salary or compensation earned by the employee. The deduction may be in such form and manner as the governing board of the public university may prescr…
(Student Policies)
In consultation with the Oregon Health Authority and the Alcohol and Drug Policy Commission, each public university listed in ORS 352.002 shall adopt a comprehensive alcohol and drug abuse policy and implementation plan.
In order to carry out the duties described in ORS 352.256, the governing board of a public university listed in ORS 352.002, in consultation with the Oregon Health Authority and the Alcohol and Drug Policy Commission, shall adopt standards that, as a minimum, describe the content of what shall be included in the policy and plan described in ORS 352.256.
Each public university listed in ORS 352.002 shall convene a physical access committee to identify barriers to access by persons with disabilities on the campus of each public university. The committee shall include, but not be limited to:
One or more students with disabilities or, if there are no students with disabilities willing to participate, a person …
Each public university listed in ORS 352.002 shall allow all students, faculty and staff to identify the person’s sexual orientation and gender identity on any forms used to collect demographic data that includes gender, race or ethnicity.
Each public university listed in ORS 352.002 shall make the demographic data collected under subsection (1) of this sec…
Except as provided in subsection (2) of this section, to the extent allowed by federal law, each public university listed in ORS 352.002:
Shall permit enrolled students to use a preferred first name other than the student’s legal first name on course and grade rosters, directory listings, advisor lists, identification cards and diplomas; and
May permit enr…
The governing board of a public university listed in ORS 352.002 shall exempt a student who is not a citizen or a lawful permanent resident of the United States from paying nonresident tuition and fees for enrollment as an undergraduate student and as a graduate student in a degree program at a public university listed in ORS 352.002 if the student:
During …
Notwithstanding ORS 352.287, the governing boards of Eastern Oregon University, Oregon Institute of Technology, Southern Oregon University and Western Oregon University may establish a rate of tuition for qualifying students participating in a program developed by the boards for cooperation in higher education and economic development with countries located …
A student at a public university listed in ORS 352.002 who is a member of the military, a member of the commissioned corps of the National Oceanic and Atmospheric Administration or a member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States…
The amount of the credit specified in ORS 352.293 (1)(b) shall be based on:
The amount of room and board paid by the student for a term that the student does not complete because the student is ordered to active duty; and
The amount of tuition and fees paid by the student for a course from which the student withdraws.
The amount of the credit shall be pro…
Each public university listed in ORS 352.002 shall waive tuition for any course audited by an Oregon resident 65 years of age or older if:
Space is available in the course for additional students to register after degree-seeking students have registered;
The department in which the course is being taught approves; and
The auditing student is registered fo…
As used in this section, “internment camp” means a relocation center to which persons were ordered evacuated by Presidential Executive Order 9066, signed on February 19, 1942.
A person who meets the requirements of subsection (4) of this section may request a public university listed in ORS 352.002 to award the person an honorary post-secondary degree.
A r…
A public university listed in ORS 352.002 shall give credit for education and training obtained by a person while serving in the Armed Forces of the United States, as defined in ORS 352.313. The education and training for which credit may be given must meet the standards adopted by the Higher Education Coordinating Commission or the governing board of a publ…
As used in this section:
“Active member of the Armed Forces of the United States” includes officers and enlisted personnel of the Armed Forces of the United States who:
Reside in this state while assigned to duty at any base, station, shore establishment or other facility in this state;
Reside in this state while serving as members of the crew of a ship t…
As used in this section, “personally identifiable information” means a student’s Social Security number and gender or a student’s Social Security number and date of birth.
A public university listed in ORS 352.002 may enter into a contract with a private contractor to provide the service of facilitating the disbursement of funds to students. If a student’s …
FINANCES
(Research Policy Act)
As used in ORS 352.365 to 352.379, “basic research” is defined as scholarly investigation conducted to obtain new knowledge for its own sake.
The Legislative Assembly finds and declares that basic research is fundamental to the continuation and expansion of applied research and is thus a necessary ingredient in economic growth. The Legislative Assembly further finds that basic research is itself an important activity which should be promoted.
It is the policy of this state that basic research is …
ORS 352.365 to 352.379 shall be known and cited as the Research Policy Act.
(Bonds)
As used in ORS 352.388 to 352.415:
“Bond-related costs” means:
The costs of paying the principal of, the interest on and the premium, if any, on revenue bonds.
The costs and expenses of issuing, administering and maintaining revenue bonds, including, but not limited to, the costs and expenses of:
Redeeming revenue bonds.
Paying amounts due in connection…
A public university may elect to remain eligible to receive proceeds of state bonds. If a public university requests the State Treasurer to issue state bonds for the benefit of the university that are authorized under Article XI-F(1) or XI-Q of the Oregon Constitution or ORS 283.085 to 283.092, and the state bonds are intended to be repaid in whole or in par…
A public university listed in ORS 352.002:
May issue revenue bonds for any lawful purpose of the university in accordance with ORS chapter 287A.
May issue under ORS 287A.360 to 287A.380 refunding bonds of the same character and tenor as the revenue bonds replaced.
For the purposes of ORS 271.390 and ORS chapter 287A, a public university listed in ORS 352.…
ORS 352.388 to 352.415 do not impair the obligations, as defined in ORS 286A.100, or agreements of the State of Oregon or the State Board of Higher Education with respect to state bonds issued before August 14, 2013, for the benefit of a public university listed in ORS 352.002.
A public university listed in ORS 352.002 shall take all actions necessary to en…
The bonds may be sold to the State of Oregon or to the United States Government without advertisement thereof for public sale.
Outstanding bonds issued under article 3, chapter 36, title 111, O.C.L.A., and chapter 41, title 111, O.C.L.A., shall continue to be valid obligations until they are redeemed in full, and authority granted in connection with said bonds shall continue in effect until they have been so redeemed.
(Funds and Accounts)
A public university listed in ORS 352.002 may, in its discretion, accept financial assistance and grants, either in the form of money or labor, from the United States or any of its agencies, subject to the terms and conditions thereof, regardless of any laws of this state in conflict with the regulations of the federal government with respect thereto, and ma…
The Public University Fund is established in the State Treasury, separate and distinct from the General Fund. Any interest or other investment income derived from moneys in the Public University Fund is credited to the fund.
Except for moneys otherwise designated by statute or federal law, the governing board of any public university listed in ORS 352.002 m…
UNIVERSITY OF OREGON
There is created the University of Oregon School of Law to be administered by the University of Oregon.
The University of Oregon School of Law shall:
Prepare students for careers in the legal profession.
Perform the duties required of the school under ORS 36.100 to 36.238.
The president of the University of Oregon shall appoint the Dean of the University…
The anthropological collections at the University of Oregon are designated and established as the Oregon State Museum of Anthropology. The Oregon State Museum of Anthropology is designated as the official depository for any material of an archaeological or anthropological nature that may come into the possession of the State of Oregon through the operation o…
Pursuant to ORS 352.372, there is created the Center for Brain, Biology and Machine to be administered by the University of Oregon.
The purpose of the center is to promote interdisciplinary teaching and research in scientific areas, including but not limited to brain structure, development and functions, genetics and genomics, cognitive neuroscience, molecu…
The Condon Collection at the University of Oregon Museum of Natural and Cultural History is designated and established as the official depository for any material of a paleontological nature that may come into the possession of the State of Oregon through paleontological or archaeological operations or as a consequence of transfers, loans or gifts from the f…
PORTLAND STATE UNIVERSITY
Portland State University may receive moneys from any public or private source to support the Mark O. Hatfield School of Government, the Center for Lakes and Reservoirs, the Graduate School of Social Work or the Institute of Portland Metropolitan Studies created under ORS 352.678, 352.691, 352.697 and 352.703. Gifts and grants received to support the Mark O.…
Pursuant to ORS 352.372, there is created the Mark O. Hatfield School of Government, to be administered by Portland State University. The president of Portland State University shall appoint the director of the Mark O. Hatfield School of Government.
The purposes of the Mark O. Hatfield School of Government are:
To prepare students for careers in political …
The Oregon Criminal Justice Scientific Advisory Committee is established to provide assistance and advice to the Criminal Justice Research and Policy Institute. The director of the Mark O. Hatfield School of Government shall appoint the members of the advisory committee. In order to serve as a member of the advisory committee, a person must have earned a gra…
Pursuant to ORS 352.372, there is created the Center for Lakes and Reservoirs, to be administered by Portland State University.
The purpose of the Center for Lakes and Reservoirs is to assist state and federal agencies in researching and mitigating nonindigenous, invasive aquatic species in this state and to work with communities in developing effective man…
Pursuant to ORS 352.372, the Graduate School of Social Work is created, to be administered by Portland State University.
The purpose of the Graduate School of Social Work is to provide a center for specialized education and research in the social services for the betterment of communities in the Portland metropolitan area, the state and the Pacific Northwes…
Pursuant to ORS 352.372, there is created the Institute of Portland Metropolitan Studies, to be administered by Portland State University.
The purpose of the Institute of Portland Metropolitan Studies is to build partnerships between Portland State University’s urban studies programs and the surrounding communities of metropolitan Portland and to sponsor pu…
OREGON INSTITUTE OF TECHNOLOGY
Pursuant to ORS 352.372, there is created the Oregon Renewable Energy Center. The Oregon Renewable Energy Center shall be administered by the Oregon Institute of Technology.
The purpose of the Oregon Renewable Energy Center is to engage in renewable energy system engineering and applied research.
The Oregon Institute of Technology may receive moneys from a…
As used in this section:
“Allied health education programs” includes, but is not limited to:
Radiologic science;
Nuclear medicine;
Sonography;
Vascular technology;
Dental hygiene;
Respiratory care;
Clinical laboratory sciences; and
Emergency medical services provider education.
“Allied health education programs” does not include any undergraduate o…
OREGON STATE UNIVERSITY
Oregon State University is designated and permanently adopted as the agricultural college of the state and shall provide, in accordance with the objectives sought by Congress in the establishment of state agricultural colleges, instruction in agriculture and the mechanic arts. The university is also a Sea Grant College dedicated to education and research in …
The Institute for Natural Resources is established at Oregon State University. In administering the institute, Oregon State University may seek the cooperation of other public universities listed in ORS 352.002.
The Institute for Natural Resources shall serve the following purposes:
Serve as a clearinghouse for scientifically based natural resources inform…
There is established an Oregon Climate Service to be located at Oregon State University. The service shall acquire, maintain, disseminate and interpret climate data and information for the state.
The service shall:
Assess the needs for weather and climate information in Oregon and establish priorities among the needs.
Perform a service to citizens of Oreg…
The Oregon Climate Change Research Institute is established at Oregon State University. In administering the institute, Oregon State University may seek the cooperation of other public universities listed in ORS 352.002.
The purpose of the Oregon Climate Change Research Institute is to:
Facilitate research by faculty at public universities listed in ORS 35…
The Oceangoing Research Vessel Program is established at Oregon State University in order to assist in the research and study of the waters of the Pacific Coast. Potential areas of research include, but are not limited to:
Mapping the seabed in Oregon’s territorial sea, as defined in ORS 196.405;
Analyzing marine ecosystems, including but not limited to ex…
Oregon State University shall execute the trust created by the last will and testament of John T. Apperson, deceased. The university shall administer the trust fund provided for and designated in the will as the J. T. Apperson Agricultural College Educational Fund.
Oregon State University may accept, receive, own, hold, sell and dispose of any and all real …
Oregon State University may execute all deeds, conveyances, contracts, mortgage releases and all other instruments necessary to be executed in carrying out the terms of the trust referred to in ORS 352.835. All such deeds and other instruments may be executed in manner and form as prescribed by the university and shall be entitled to record without acknowled…
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