US Laws, Codes, Statutes & Cases

Chapter 351 — Higher Education Generally

 

2007 EDITION

 

 

HIGHER EDUCATION GENERALLY

 

EDUCATION AND CULTURE

 

POLICY ON HIGHER EDUCATION

 

351.001     Legislative findings

 

351.003     Additional findings

 

351.005     Higher education an important public purpose

 

351.007     Intent to promote and enhance higher education

 

351.009     Mission of higher education

 

DEPARTMENT OF HIGHER EDUCATION

 

(State Board)

 

351.010     State Board of Higher Education

 

351.020     Directors; appointment; confirmation

 

351.040     Term; removal; compensation and expenses of directors

 

351.050     President; meetings; quorum

 

351.060     Board general powers as to control and management of property; power as to litigation; delegation of powers

 

351.065     Consent of, access to and control of personnel records; rules

 

351.067     Sources of compensation for officers and employees; potential conflict of interest; reporting; rules applicable to outside employment and activities

 

351.070     Board general powers as to higher education and institutions; personnel system; public improvement contracts; rules; fees; student records

 

351.072     Adoption of certain standards not subject to rulemaking procedures; limitations

 

(Chancellor)

 

351.075     Chancellor of Oregon University System; appointment; qualifications; compensation

 

351.077     Implementation of minority teacher recruitment plans

 

351.085     Duties and powers of chancellor

 

(Administration)

 

351.086     Oregon University System exemption from certain laws; authority to contract with public agencies

 

351.087     Policies for operation of Oregon University System; transfer of authority from Oregon Department of Administrative Services

 

351.088     Establishment of adjudicative procedures

 

351.090     Standardization of accounts and records; preparation of budget; allocation of funds

 

351.092     Acquisition, installation and use of data processing equipment

 

351.094     Provision of group insurance for employees; expense reimbursement plan; deferred compensation plan

 

351.097     Payment of salaries or compensation; payroll; overpayment

 

351.100     Advertising and publicity

 

351.105     Rules for minimum content of alcohol and drug abuse policy

 

351.110     Relationship with Legislative Assembly

 

351.115     Four-year and five-year options for teacher education programs

 

351.117     American Sign Language courses; development of curricula; teacher programs; identification of needs and resources

 

351.130     Encouragement of gifts to institutions; Higher Education Donation Fund; use of gifts

 

351.140     Board power to purchase real property

 

351.150     Title to institution realty; conveyances

 

351.153     “Structure” defined

 

351.155     Authority to sell forest products on institution realty; mineral and geothermal resources leases

 

351.160     Building construction

 

351.165     Report on capital construction projects

 

351.170     Charges for use of buildings; student building fee; disposition of receipts

 

351.180     Building insurance

 

351.190     Acquisition of land for building purposes

 

351.200     Board power over higher education curricula and departments

 

351.203     Cooperation with Education and Workforce Policy Advisor; cooperation with Oregon Student Assistance Commission mediation process; compliance with certain commission decisions

 

351.205     Interchange of faculty members with schools outside Oregon

 

351.210     Disposition of unnecessary equipment, goods, supplies, material and information technology

 

351.220     Acquisition of intellectual property

 

351.230     Management, development and disposition of intellectual property

 

351.240     Terms and conditions of transactions in intellectual property; dissemination of information

 

351.250     Disposition of revenue; Higher Education Invention Fund

 

351.260     Planning assistance

 

351.267     Notice of reasonable assurance of continued employment; effect of failure to give notice

 

351.277     Officially sanctioned programs for use of state-owned vehicles; rules

 

FINANCES

 

(Generally)

 

351.300     Legislative finding on need for stabilized funding

 

351.310     Board’s general financial power; appropriation of moneys received by board

 

351.315     Borrowing money and issuing bonds for purchase of real property

 

351.317     Obligations under ORS 351.140 or 351.315 not indebtedness of state or board

 

351.320     Prorating expenses

 

351.340     Use of moneys

 

(Bonds)

 

351.345     Bond issue for higher education and community college projects

 

351.350     Bond issue for self-liquidating higher education purposes

 

(Temporary provisions relating to issuance of bonds are compiled as notes following ORS 351.350)

 

351.353     Construction of parking facilities; bonds

 

351.356     Financial agreements

 

351.440     Sale to State of Oregon or United States Government

 

351.450     Higher Education Bond Building Fund; subfunds

 

351.455     Use of moneys in subfund realized from sale of Article XI-F(1) bonds and revenue bonds

 

351.456     Use of moneys in subfund realized from sale of Article XI-F(1) bonds

 

351.460     Higher Education Bond Sinking Fund

 

351.470     Temporary bonds

 

351.500     Repealed statutes continued effective until bonds redeemed

 

(Federal Funds)

 

351.505     Federal aid; donations; acceptance and use

 

(Funds and Accounts)

 

(Temporary provisions relating to higher education facilities are compiled as notes preceding ORS 351.507)

 

351.507     Oregon State University Animal Sciences Pavilion Account

 

351.508     Oregon State University Steam Plant Account

 

351.509     Portland State University Center for Nanoscience and Nanotechnology Account

 

351.511     Portland State University Northwest Engineering Science Center Phase I Account

 

351.513     Southern Oregon University Medford Instructional Facility Account

 

351.515     University of Oregon Theatre Complex Account

 

351.516     Eastern Oregon University Regional Agricultural, Health and Life Sciences Building Account

 

351.517     University of Oregon Education Building and Complex Account

 

351.518     University of Oregon Gilbert Hall Account

 

351.519     University of Oregon Integrative Science Complex Account

 

351.521     University of Oregon School of Music Account

 

351.523     Campus Development Project Account

 

351.524     Southern Oregon University Library Account

 

351.526     Millar Library Research Center Account

 

351.528     Urban Center Phase I Project Account

 

351.529     Portland State University Native American Center Account

 

351.532     Oregon State University Engineering Capital Construction Remodel Account

 

351.533     Oregon State University College of Veterinary Medicine Account

 

351.534     Oregon State University Engineering Building Account

 

351.537     Allen Hall Phase II Project Account

 

351.538     Museum of Art Project Account

 

351.539     Straub Hall Project Account

 

351.540     Special checking account of board

 

351.545     Higher Education Isolation Facility Bond Sinking Fund

 

351.590     Higher Education Student Activities Fund

 

351.615     Higher Education Auxiliary Enterprise Building Repair and Equipment Replacement Fund

 

351.626     Department of Higher Education Capital Construction Fund

 

351.627     Higher Education Capital Construction Fund

 

351.628     Higher Education Academic Modernization Account

 

351.633     Form of contract to be paid from Higher Education Capital Construction Fund

 

351.638     Faculty Recruitment Fund

 

STUDENTS

 

351.642     Status of members of Armed Forces; spouses and children

 

351.643     Rights of student in military ordered to active duty; rules

 

351.644     Credit for room, board, tuition and fees for student ordered to active duty; rules

 

351.646     Credit for education and training received while in Armed Forces; rules

 

351.647     Nonresident tuition in post-secondary educational institutions

 

351.649     Student journalists; student expression; civil action

 

351.653     Interstate agreements

 

ENGINEERING EDUCATION

 

351.663     Engineering and Technology Industry Council; establishment; membership; duties; investment of fund

 

351.666     Oregon Engineering Investment Fund; uses; investment goal

 

351.668     Use of money in fund

 

VENTURE GRANT PROGRAM

 

351.692     Venture grant program; applicant requirements

 

351.695     University venture development funds; deposit; use; fee

 

351.697     Purpose of funds; disbursement; assessment; report

 

WESTERN REGIONAL HIGHER EDUCATION COMPACT

 

351.770     Western Regional Higher Education Compact ratified

 

351.780     Compact provisions

 

351.790     Effective time of compact

 

351.800     Commission members; appointment and removal

 

351.810     Authority to take action to achieve ends of compact

 

351.820     Contracts with commission to furnish out-of-state educational service to Oregon students

 

351.830     Selection of Oregon residents to receive out-of-state educational service

 

351.840     Contracts with commission to furnish educational service in Oregon institutions to out-of-state students

 

RESEARCH POLICY

 

351.865     Definition for ORS 351.865 to 351.890

 

351.870     Findings and policy for ORS 351.865 to 351.890

 

351.875     Basic Research Fund; uses

 

351.880     Council for Research Policy Recommendations

 

351.885     Administration of fund

 

351.890     Short title

 

POLICY ON HIGHER EDUCATION

 

      351.001 Legislative findings. The Legislative Assembly finds that:

      (1) For its political well-being, Oregon needs wise and effective leadership and an informed citizenry.

      (2) For its economic well-being, Oregon needs able and imaginative men and women for the direction and operation of all its institutions, for the production of goods and services and for the management of its fiscal affairs. Oregon also needs alert and informed consumers.

      (3) For its cultural advancement, Oregon needs creative talent as well as appreciative and discriminating readers, viewers and listeners. Oregon also needs people who understand the diverse patterns of behavior, communication and belief that make up the common cultures of the various communities in which we all must function.

      (4) For its survival, Oregon needs citizens who understand the interdependence of human beings and our shared dependence on the resources provided by our natural environment.

      (5) Oregon needs people who, in the roles of parents and teachers and in other capacities, are able to transmit the state’s and the nation’s ideals and heritage to future generations.

      (6) For their personal well-being, individual Oregonians need to cultivate an advanced literacy essential to leading productive and rewarding lives. This includes the capacity to think logically and critically; to internalize and exemplify humane values; to write, speak and figure clearly and accurately; to understand, in some depth, a variety of psychological, historical, cultural, aesthetic and scientific concepts and theories; and to master a range of occupational, professional, avocational, social and personal skills. [1993 c.240 §1]

 

      351.003 Additional findings. In addition to making the findings under ORS 351.001, the Legislative Assembly finds that:

      (1) Oregonians need access to post-secondary education opportunities throughout life in a variety of forms.

      (2) To meet the societal and individual needs described under ORS 351.001, Oregonians have created and sustained, from territorial days to the present, many and diverse institutions of higher education, both independent and state-assisted.

      (3) These institutions have developed the intellectual capacity of Oregonians and have prepared thousands of them for productive and fulfilling careers.

      (4) These institutions provide educational access to all segments of Oregon’s diverse population, including many students for whom higher education creates the first opportunity for their entry into the mainstream of society.

      (5) These institutions provide research, both basic and applied, that generates new knowledge and applies it to the development of new products and processes essential for Oregon’s economic growth.

      (6) These institutions provide public service activities that engage the professional expertise of their faculties to solve social problems.

      (7) These institutions share with our communities many cultural activities and services of immense importance to the quality of life enjoyed by Oregonians.

      (8) These institutions are expanding the times, places and formats of course offerings.

      (9) Oregonians’ diverse educational needs will be best met in an environment in which public and independent schools are recognized as critical for meeting those needs. [1993 c.240 §2; 2001 c.964 §1]

 

      351.005 Higher education an important public purpose. Giving due consideration to the historical and continuing interest of the people of the State of Oregon in encouraging deserving and qualified citizens to realize their aspirations for higher education, the Legislative Assembly declares that higher education for residents of Oregon who desire it and are qualified to benefit from it is critical to the welfare and security of this state and this nation and consequently is an important public purpose. [1993 c.240 §3]

 

      351.007 Intent to promote and enhance higher education. The Legislative Assembly declares its intent to promote and enhance higher education in a manner that:

      (1) Enables citizens of all ages, backgrounds and levels of income to participate in the search for knowledge and individual development.

      (2) Stresses undergraduate teaching as a high priority.

      (3) Provides for selected graduate and professional programs that address state, national and global needs.

      (4) Encourages high quality research and scholarship, both basic and applied, by its faculty and students.

      (5) Fosters diversity of educational opportunity.

      (6) Promotes service to the public.

      (7) Makes effective and efficient use of human, physical and financial resources.

      (8) Encourages cooperation with other educational institutions. [1993 c.240 §4]

 

      351.009 Mission of higher education. The Legislative Assembly declares that the mission of all higher education in Oregon is to:

      (1) Enable students to extend prior educational experiences in order to reach their full potential as participating and contributing citizens by helping them develop scientific, professional and technological expertise, together with heightened intellectual, cultural and humane sensitivities and a sense of purpose.

      (2) Create, collect, evaluate, store and pass on the body of knowledge necessary to educate future generations.

      (3) Provide appropriate instructional, research and public service programs to enrich the cultural life of Oregon and to support and maintain a healthy state economy. [1993 c.240 §5]

 

DEPARTMENT OF HIGHER EDUCATION

 

(State Board)

 

      351.010 State Board of Higher Education. The Department of Higher Education shall be conducted under the control of a board of 12 directors, to be known as the State Board of Higher Education. The board shall consist of:

      (1) Two students, who at the time of their appointment to the board, are admitted at different public institutions of higher education in Oregon listed in ORS 352.002.

      (2) One member of the faculty at Oregon State University, Portland State University or University of Oregon.

      (3) One member of the faculty at Eastern Oregon University, Oregon Institute of Technology, Southern Oregon University or Western Oregon University.

      (4) Eight members of the general public who are not students or faculty at the time of their appointment. [Amended by 1973 c.379 §1; 1997 c.450 §1; 2007 c.290 §1]

 

      Note: Section 3, chapter 290, Oregon Laws 2007, provides:

      Sec. 3. (1) The director on the State Board of Higher Education who is a member of the faculty of a public institution of higher education on the effective date of this 2007 Act [January 1, 2008] may continue to serve on the board until the director’s term of office expires.

      (2) The Governor shall appoint the additional faculty member required by the amendments to ORS 351.010 by section 1 of this 2007 Act so that the requirements of both ORS 351.010 (2) and (3) are met. [2007 c.290 §3]

 

      351.020 Directors; appointment; confirmation. (1) The directors of the State Board of Higher Education shall be residents of Oregon and shall be appointed by the Governor. The appointment is subject to the confirmation of the Senate in the manner provided by ORS 171.562 and 171.565. No director who is not a student or faculty member at the time of appointment may be an employee of any of the institutions or departments under the control of the State Board of Higher Education, nor shall more than seven graduates of or students admitted at these institutions, nor more than three graduates of or students admitted at any one of these institutions or departments, be members of the board at any time. The faculty members appointed under this section may not participate in any discussions or action by the board or attend any executive session of the board involving collective bargaining issues that affect faculty at any public institution of higher education.

      (2) To assist the Governor in making appointments of the student members as provided in ORS 351.010, the duly organized and recognized entities of student government at each state institution of higher education shall submit a list of nominees to the Governor. The entities are entitled to no more than three nominees per school. The Governor shall consider these lists in the selection of the student members to be appointed to the State Board of Higher Education.

      (3) To assist the Governor in making appointments of the faculty members as provided in ORS 351.010, a duly organized and recognized association of faculty members may submit a list of nominees to the Governor. The Governor shall consider any submitted list in the selection of the faculty members to be appointed to the State Board of Higher Education.

      (4) When making an appointment of the faculty members as provided in ORS 351.010, the Governor shall rotate the appointments among representatives from various public institutions of higher education to ensure equal representation among the institutions. [Amended by 1955 c.284 §1; 1969 c.695 §6; 1973 c.379 §2; 1997 c.450 §2; 2007 c.290 §2]

 

      351.030 [Repealed by 1961 c.167 §38 (171.560 enacted in lieu of 351.030)]

 

      351.040 Term; removal; compensation and expenses of directors. (1) Directors of the State Board of Higher Education shall hold office for a term of four years except for directors who are students or faculty members at the time of appointment, whose terms shall be two years. All terms begin July 1 of the year of appointment. No person may be appointed to serve consecutively more than two full terms as a director. Any person appointed to fill a vacancy occurring prior to the expiration of any term shall be appointed for the remainder of such term.

      (2) The Governor may remove any member of the board at any time for cause, after notice and public hearing, but not more than three members shall be removed within a period of four years, unless it be for corrupt conduct in office.

      (3) The directors are entitled to compensation and expenses as provided in ORS 292.495. [Amended by 1961 c.167 §41; 1967 c.530 §8; 1969 c.314 §25; 1971 c.485 §3; 1973 c.379 §3; 1997 c.450 §3]

 

      351.050 President; meetings; quorum. The board shall elect one of its members as president who shall serve for the fiscal year for which the president is elected. The board shall meet regularly once every three months at such times and places as the president may determine. Special meetings may be called by the president upon the written request of any six members of the board. Six members shall constitute a quorum for the transaction of business. [Amended by 1973 c.379 §4; 1995 c.79 §190]

 

      351.060 Board general powers as to control and management of property; power as to litigation; delegation of powers. The State Board of Higher Education may:

      (1) Control and provide for, subject to the conditions of this section, the custody and occupation of the grounds, buildings, books, papers and documents belonging to each and all the institutions, departments or activities under the control of the State Board of Higher Education.

      (2) Manage, control and apply all property of whatever nature given to or appropriated for the use, support or benefit of any or all of the institutions, departments or activities under the control of the State Board of Higher Education, according to the terms and conditions of such gift or appropriation. Moneys received under this section shall be deposited with the State Treasurer in an account or fund separate and distinct from the General Fund. Interest earned by the account or fund shall be credited to the account or fund.

      (3) Erect, improve, repair, maintain, equip and furnish buildings, structures and lands for higher education.

      (4) Acquire, receive, hold, control, convey, sell, manage, operate, lease, lend, invest, improve and develop any and all property, real or personal:

      (a) Given to any of the institutions, departments or activities under the control of the State Board of Higher Education by private donors, whether such gifts are made to the State Board of Higher Education or to the State of Oregon; or

      (b) Acquired by any other method or from any source by the State Board of Higher Education for the benefit of any of the institutions, departments or activities under the control of the board, except for any structure, equipment or asset encumbered by a certificate of participation.

      (5) Manage mineral and geothermal resource rights and proceeds therefrom acquired or held for the state by the board pursuant to this chapter and ORS chapter 567. This includes leasing mineral and geothermal resource rights consistent with ORS 273.785.

      (6) Take and hold mortgages on real and personal property acquired by way of gift or arising out of transactions entered into in accordance with the powers, duties and authority given to the board by this section, ORS 351.070 and 351.150.

      (7) Institute, maintain and participate in suits and actions and other judicial proceedings, in the name of the State of Oregon, for the foreclosure of such mortgages or for the purpose of carrying into effect any and all of the powers, duties and authority given to the State Board of Higher Education by this section and ORS 351.070 and 351.150.

      (8) Acquire, receive, hold, control, sell, manage, operate, lease or lend any goods, supplies, materials, equipment, services and information technology, for the use, support or benefit of any of the institutions, departments or activities under the control of the board.

      (9) Delegate any of the powers, duties or functions granted to the board under this section to any state institution of higher education within the Oregon University System. [Amended by 1959 c.570 §1; 1975 c.771 §31a; 1985 c.443 §6; 1989 c.966 §33; 2001 c.453 §2; 2003 c.674 §6]

 

      351.065 Consent of, access to and control of personnel records; rules. (1) The State Board of Higher Education may, for each institution, division and department under its control adopt rules and specific orders by or through the institutional executive of each institution governing access to personnel records of the institution, division or department, which are less than 25 years old.

      (2) Rules adopted under subsection (1) of this section shall require that personnel records be subjected to restrictions on access unless upon a finding by the institutional executive that the public interest in maintaining individual rights to privacy in an adequate educational environment would not suffer by disclosure of such records. Access to such records may be limited to designated classes of information or persons, or to stated times and conditions, or to both, but cannot be limited for records more than 25 years old.

      (3) No rule or order promulgated pursuant to this section shall deny to a faculty member full access to the member’s personnel file or records kept by the board or its institutions, schools or departments, except as provided in paragraphs (d) and (e) of this subsection.

      (a) The number of files relating to the evaluation of a faculty member shall be limited to three, to be kept in designated, available locations.

      (b) 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.

      (c) A faculty member shall be entitled to submit, for placement in the three 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.

      (d) Letters and other information submitted in confidence to the board or its institutions, schools or departments prior to July 1, 1975, shall be maintained in the files designated. However, if a faculty member requests access to those files, the anonymity of the contributor of letters and other information obtained prior to July 1, 1975, shall be protected. The full text shall be made available except that portions of the text which would serve to identify the contributor shall be excised by a faculty committee. Only the names of the contributors and the excised portions of the documents may be kept in a file other than the three prescribed by paragraph (a) of this subsection.

      (e) Confidential letters and other information submitted to or solicited after July 1, 1975, by the board or its institutions, schools or departments prior to the employment of a prospective faculty member are exempt from the provisions of this section. However, if the member is employed by the board or its institutions, schools or departments, the confidential preemployment materials shall be placed in the three authorized files. If a faculty member requests access to the member’s files, the anonymity of the contributor of confidential preemployment letters and other preemployment information shall be protected. The full text shall be made available, except that portions of the text which would serve to identify the contributor shall be excised and retained in a file other than the three designated in paragraph (a) of this subsection.

      (f) Classroom survey evaluation by students of a faculty member’s classroom or laboratory performance shall be anonymous. The record of tabulated reports shall be placed in at least one of the files designated in paragraph (a) of this subsection. All survey instruments used to obtain evaluation data shall be returned to the faculty member.

      (g) After July 1, 1975, the board, its institutions, schools or departments when evaluating its employed faculty members shall not solicit nor 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.

      (4) No rule or order promulgated pursuant to this section limits the authority of the institution, division or department to prepare, without identification of individual persons who have not consented thereto, statistical or demographic reports from personnel records.

      (5) Any category of personnel records specifically designated as confidential pursuant to valid rules or orders pursuant to this section shall not be deemed a public record for the purposes of ORS 192.420.

      (6) As used in this section, “personnel records” means records containing information kept by the institution, division or department concerning a faculty member and furnished by the faculty member or by others about the faculty member at the member’s or at the institution, division or department’s request, including, but not limited to, information concerning discipline, membership activity, employment performance or other personal records of individual persons. [1971 c.566 §1; 1975 c.317 §1; 1979 c.159 §1]