Oregon Chapter 352
Chapter 352 — State and Independent Institutions of Higher EducationDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 352 —
State and Independent Institutions of Higher Education
2007 EDITION
INSTITUTIONS OF HIGHER EDUCATION
EDUCATION AND CULTURE
352.002
Note Student
voting plan--2007 c.529 §§1,2
352.004 Presidents
of state institutions
352.006 Political
or sectarian tests prohibited in appointment of faculty or employees
352.008 Alcohol
and drug abuse policy and implementation plan
352.010 Status
of faculty
352.012 Authority
of Oregon University System to require fingerprints
352.015 Institutional
physical access committee; members; duties
352.017 Contract
for disbursement of funds to students; personally identifiable information
352.021 Honorary
degrees for persons ordered to internment camp
(Generally)
352.035 Streets
through university property; establishment and dedication
352.043
352.045
352.046 Center
for Brain, Biology and Machine
(Industrialized Housing Development Program)
352.048 Industrialized
Housing Development Program created; administration
352.049 Program
objectives; fees; employees
352.051 Rulemaking
authority
352.052 Confidentiality
of information
352.053 Coordination
of wood product research, development or evaluation
352.063 Receipt
and disposition of funds received for programs
352.066 Mark
O. Hatfield
352.067
352.068 Center
for Lakes and Reservoirs
352.071
352.074
OREGON INSTITUTE OF TECHNOLOGY
352.221
352.223
352.230
352.239 Institute
for Natural Resources
352.245
352.247 Oregon
Climate Change Research Institute
STATE INSTITUTIONS GENERALLY
352.355 Establishment
of certain state institutions as comprehensive universities
352.360 Traffic
control on properties under state board; rules; enforcement; fees; use
352.370 Students
unable because of religious beliefs to attend classes on certain days
352.380 Affirmative
action plan
352.385 Special
campus security officers; authority; training; expense
REGIONAL SERVICES INSTITUTES
352.390 Regional
services institutes; general program; location
352.400 Program
purpose and function
STATE INSTITUTION FINANCES
352.510 University
Fund from sale of university lands; use of interest; additions to principal;
pledges of credit limited
352.520 Loans
of University Fund
352.530 Disbursement
of proceeds of loans from University Fund
352.560
352.570 Loans
of
352.580 Disbursement
of proceeds of loans from Oregon State University Fund
352.600 J.
T. Apperson Agricultural College Educational Fund
352.610 General
powers and duties of trustee
352.620 Execution
of instruments
352.630 Payment
of expenses; rulemaking
352.650 Deposit
of Apperson and Burbank funds
CLINICAL LEGAL EDUCATION PROGRAMS
352.655 Domestic
Violence Clinical Legal Education Account
POLICY ON INDEPENDENT INSTITUTIONS OF HIGHER
EDUCATION
352.665 Legislative
findings
352.667 Public
purpose to encourage and increase opportunities in independent higher education
352.669 Policies
and practices of state agencies
352.672 State
financial aid for students
352.675 State
policies to enhance and encourage independent higher education
AID TO INDEPENDENT INSTITUTIONS
352.710 Policy
352.720 Definitions
for ORS 352.710 to 352.760
352.730 Contracts
with independent institutions for nonsectarian and nonreligious educational
services
352.740 Computation
of payments under contracts
352.750 Rules
352.760 Severability
FINANCE OF EDUCATIONAL FACILITIES BY
MUNICIPALITY
352.790 Definitions
for ORS 352.790 to 352.820
352.795 Finance
of education facilities by municipalities
352.800 Powers
of municipality
352.805 Revenue
bonds; issuance; trust funds; pledge; terms; legal effect
352.810 Revenue
bonds secured by educational facility revenues
352.815 Municipalities
acting jointly
352.820 Investment
of revenues
352.002
(1)
(2)
(3)
(4) Oregon Institute of Technology.
(5)
(6) Southern
(7) Eastern
Note: Sections 1 and 2, chapter 529, Oregon Laws
2007, provide:
Sec.
1. Student voting plan. Each
community college and state institution of higher education listed in ORS
352.002 shall adopt a plan, in consultation with the recognized student
government of the college or institution, to increase student voter
registration and voting in elections. Each plan shall:
(1) Ensure that all students receive
information about voting and the opportunities available on campus to register
to vote;
(2) Ensure that all students receive
information about activities relating to voting that are prohibited by law and
the penalties for those activities;
(3) Address the distribution and
collection of voter registration cards, as defined in ORS 247.002, during the
first three weeks of each academic term;
(4) Require that voter registration cards
be made available in residence halls, campus bookstores, places where students
register for classes, financial aid offices and student adviser offices;
(5) Require college and institution
administrators to communicate with faculty, staff and students about deadlines
for voter registration; and
(6) Include a campus-wide advertising
campaign to advise students of the deadline for delivering ballots by mail.
[2007 c.529 §1]
Sec.
2. Each community college
and state institution of higher education shall adopt the plan required by
section 1 of this 2007 Act not later than February 1, 2008. [2007 c.529 §2]
352.004
Presidents of state institutions. The president of each state institution of higher education within the
Oregon University System is also president of the faculty. The president is
also the executive and governing officer of the institution, except as
otherwise provided by statute. Subject to the supervision of the State Board of
Higher Education, the president of the institution has authority to control and
give general directions to the practical affairs of the institution. [Formerly
352.020; 2005 c.22 §249]
352.006
Political or sectarian tests prohibited in appointment of faculty or employees. No political or sectarian test shall ever be
allowed or applied in the appointment of faculty and other employees of the
Oregon University System. [Formerly 352.030]
352.008
Alcohol and drug abuse policy and implementation plan. In consultation with the Department of Human
Services, each state institution of higher education shall adopt a
comprehensive alcohol and drug abuse policy and implementation plan. [1989
c.1076 §3]
352.010
Status of faculty. The
president and professors constitute the faculty of each of the state
institutions of higher education and as such have the immediate government and
discipline of it and the students therein. The faculty may, subject to the
supervision of the State Board of Higher Education under ORS 351.070, prescribe
the course of study to be pursued in the institution and the textbooks to be
used. [Amended by 1987 c.246 §4; 1989 c.492 §3]
352.012
Authority of
(1)(a) Is employed or applying for
employment by the Oregon University System; or
(b) Provides services or seeks to provide
services to the Oregon University System as a contractor or volunteer; and
(2) Is, or will be, working or providing
services in a position that is designated as a critical or security-sensitive
position. As used in this subsection, “critical or security-sensitive position”
means a position in which the person:
(a) Has direct access to persons under 18
years of age or to student residence facilities because the person’s work
duties require the person to be present in the residence facility;
(b) Is providing information technology
services and has control over, or access to, information technology systems
that would allow the person to harm the information technology systems or the
information contained in the systems;
(c) Has access to information, the
disclosure of which is prohibited by state or federal laws, rules or
regulations or information that is defined as confidential under state or
federal laws, rules or regulations;
(d) Has access to property where
chemicals, hazardous materials and other items controlled by state or federal
laws or regulations are located;
(e) Has access to laboratories, nuclear
facilities or utility plants to which access is restricted in order to protect
the health or safety of the public;
(f) Has fiscal, financial aid, payroll or
purchasing responsibilities as one of the person’s primary responsibilities; or
(g) Has access to personal information
about employees or members of the public including Social Security numbers,
dates of birth, driver license numbers, medical information, personal financial
information or criminal background information. [2005 c.730 §71]
Note: 352.012 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.
352.015
Institutional physical access committee; members; duties. (1) Every institution under the jurisdiction
of the State Board of Higher Education shall convene a physical access
committee to identify barriers to access by persons with disabilities on the
campus of each institution. The committee shall include, but not be limited to:
(a) One or more students with disabilities
or, if there are no students with disabilities willing to participate, a person
with a disability who uses the institution’s facilities;
(b) One or more members of the faculty or
staff who have disabilities;
(c) The coordinator of services for
students with disabilities for the institution;
(d) One or more administrators of the
institution; and
(e) One or more members of the physical
plant staff of the institution.
(2) The physical access committee shall
present its findings and recommendations to the administration of the
institution listing access needs and priorities for meeting those needs. These
findings and recommendations shall identify the barriers to access that prevent
persons with disabilities from meaningfully utilizing campus facilities related
to instruction, academic support, assembly and residence life.
(3) In preparing budget requests for each
biennium, each institution under the jurisdiction of the State Board of Higher
Education shall include amounts for capital improvement that will be applied to
the substantial reduction and eventual elimination of barriers to access by
persons with disabilities as identified by the physical access committee.
(4) Nothing in this section and ORS
185.155 and 341.937 requires an institution to undertake projects for
accessibility that are not otherwise required unless such projects are funded
specifically by the Legislative Assembly. [1991 c.935 §§1,2; 2007 c.70 §147]
Note: 352.015 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.
352.017
Contract for disbursement of funds to students; personally identifiable information. (1) 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.
(2) A state institution of higher
education 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
personally identifiable information is necessary to administer the disbursement
of funds under the contract, the institution must:
(a) Obtain from a student a written
election to receive the contracted services;
(b) Provide any alternative method of
disbursement of funds at no additional cost to a student who does not elect to
receive those services from a private contractor;
(c) Not release to a private contractor
personally identifiable information about a student who elects to receive
disbursement services from the private contractor without first obtaining from
the student a written consent to release the personally identifiable information;
and
(d) Provide to a student a written
description of the purposes for which a private contractor may use the student’s
personally identifiable information. [2005 c.363 §1]
Note: 352.017 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.
352.020 [Amended by 1987 c.246 §2; renumbered
352.004 in 1987]
352.021
Honorary degrees for persons ordered to internment camp. (1) 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.
(2) A person who meets the requirements of
subsection (4) of this section may request a state institution of higher
education listed in ORS 352.002 to award the person an honorary post-secondary
degree.
(3) A representative of a deceased person
who meets the requirements of subsection (4) of this section may request a
state institution of higher education listed in ORS 352.002 to award an
honorary post-secondary degree on behalf of the deceased person.
(4) Notwithstanding the requirements for a
post-secondary degree established by a state institution of higher education or
by the State Board of Higher Education, a state institution of higher education
that receives a request under subsection (2) or (3) of this section may award
an honorary post-secondary degree to a person, or on behalf of a deceased
person, who:
(a) Was a student at the state institution
of higher education in 1942; and
(b) Did not graduate from the institution
because the person was ordered to an internment camp. [2007 c.244 §1]
Note: 352.021 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.
352.030 [Amended by 1987 c.246 §3; renumbered
352.006 in 1987]
(Generally)
352.035
Streets through university property; establishment and dedication. The State Board of Higher Education may
open, establish, lay out and dedicate to the public use such streets through
the lands situated within the corporate limits of the City of Eugene, owned by
or belonging to the University of Oregon, upon such terms and conditions as may
be agreed upon by the State Board of Higher Education and the common council of
the City of Eugene. When such streets are so opened, laid out and established,
they hereby are declared to be dedicated to the public use and are further
declared to be public streets of the City of
352.040 [Repealed by 1961 c.238 §1]
352.043
(2) The
(a) Prepare students for careers in the
legal profession.
(b) Perform the duties required of the
school under ORS 36.100 to 36.238.
(3) The president of the
Note: 352.043 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.
352.045
(2) ORS 390.235 or 390.237 or this section
shall not interfere with any collections now in the possession of any
institution of higher learning in
352.046
Center for Brain, Biology and Machine. (1) Pursuant to ORS 351.870, there is created within the Department of
Higher Education the Center for Brain, Biology and Machine. The center shall be
administered by the
(2) 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, molecular biology, computational science, computing,
magnetic resonance imaging and optics.
(3) The Department of Higher Education may
receive moneys from any public or private source to support the Center for
Brain, Biology and Machine created under subsections (1) and (2) of this
section. Gifts or grants received to support the center shall be deposited in
an appropriate fund at the
Note: 352.046 (1) and (2) were added to and made a
part of ORS chapter 352 by legislative action but were not added to any smaller
series therein. 352.046 (3) 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.
(Industrialized
Housing Development Program)
352.048
Industrialized Housing Development Program created; administration. (1) There is created within the Department
of Higher Education the Industrialized Housing Development Program. The program
shall be administered in conjunction with the Center for Housing Innovation at
the
(2) The purpose of the program is to
provide assistance to industrialized housing manufacturers to help them achieve
demonstrated best practice by researching, evaluating and disseminating
information on opportunities to improve design technology, including but not
limited to:
(a) Methods to improve the affordability
of housing;
(b) Better utilization of new products in
industrialized housing;
(c) Improving the energy efficiency of
industrialized housing; and
(d) Specialized training for workers and
management. [1991 c.853 §1]
Note: 352.048 to 352.053 were enacted into law by
the Legislative Assembly but were not added to or made a part of any series in
ORS chapter 352 by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
352.049
Program objectives; fees; employees. (1) In fulfilling the purpose described in ORS 352.048, the
Industrialized Housing Development Program shall:
(a) Emphasize client-directed problem
solving with the planning and design of appropriate design technologies;
(b) Provide or arrange for the provision
of management assistance, specialized training for workers and other consulting
services;
(c) Supplement the design skills and
expertise of program staff by developing relations with experts who may work in
a consulting role;
(d) Research new and developing design
technology in the United States and overseas with the purpose of adapting
proven technologies and management practices to Oregon conditions; and
(e) Disseminate research findings to all
interested firms throughout the industrialized housing industry.
(2) The Industrialized Housing Development
Program shall establish a schedule of fees for the services it provides. The
program may establish a minimum level of service for which it does not charge
fees.
(3) The Industrialized Housing Development
Program may hire individuals on a contract basis, to provide either full-time
or part-time staffing. However, employees of the program shall not be
considered tenured employees of the Department of Higher Education. [1991 c.853
§§2,3,4]
Note: See note under 352.048.
352.050 [Repealed by 1973 c.729 §17]
352.051
Rulemaking authority. The
State Board of Higher Education shall adopt rules necessary to carry out the
provisions of ORS 352.048 to 352.053. [1991 c.853 §5]
Note: See note under 352.048.
352.052
Confidentiality of information.
Any information obtained by the Industrialized Housing Development Program
relating to an industrialized housing firm shall remain confidential to the
extent that the information identifies an industrialized housing firm. The
information shall remain confidential for a period of time to be prescribed by
rule and then shall become public information. [1991 c.853 §6]
Note: See note under 352.048.
352.053
Coordination of wood product research, development or evaluation. Any research, development or evaluation of
wood products by the Industrialized Housing Development Program shall be
coordinated by the Center for Housing Innovation through the Oregon State
University Forest Research Laboratory and Forest Products Extension Service. [1991
c.853 §7]
Note: See note under 352.048.
352.055 [1973 c.729 §16; 1975 c.693 §3; 1981 c.144 §1;
1987 c.246 §7; repealed by 1995 c.162 §94]
352.058 [1977 c.773 §§1,2,3; repealed by 1987 c.246 §8]
352.060 [Amended by 1969 c.597 §57; repealed by 1975
c.693 §21]
352.063
Receipt and disposition of funds received for programs. The Department of Higher Education 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
352.065 [1959 c.97 §§1,2; 1983 c.740 §116; repealed
by 1987 c.246 §8]
352.066
Mark O. Hatfield
(2) The purposes of the Mark O. Hatfield
School of Government are:
(a) To prepare students for careers in
political service, public administration and the administration of justice;
(b) To perform the duties required of the
school under ORS 21.480, 36.179, 183.502 and 390.240; and
(c) To assist the Criminal Justice
Research and Policy Institute in carrying out the duties under subsection (3)
of this section.
(3) There is created within the Mark O.
Hatfield School of Government the Criminal Justice Research and Policy
Institute. The institute may assist the Legislative Assembly and state and
local governments in developing policies to reduce crime and delinquency by:
(a) Providing the Legislative Assembly
with objective, nonpartisan analyses of existing or proposed state criminal
justice policies, which analyses may not be inconsistent with state or federal
law or the Oregon or United States Constitution;
(b) Evaluating programs, including but not
limited to programs dealing with public safety professionalism, ethics in
leadership and childhood development, funded directly or indirectly by the
State of Oregon that are intended to reduce criminal and delinquent behavior or
to improve professionalism in public safety careers;
(c) Managing reviews and evaluations
relating to major long-term issues confronting the state involving criminal and
juvenile justice, public safety professionalism, ethics in leadership and early
childhood development programs;
(d) Initiating, sponsoring, conducting and
publishing research on criminal and juvenile justice, public safety
professionalism, ethics in leadership and early childhood development that is
peer reviewed and directly useful to policymakers;
(e) Organizing conferences on current
state issues that bring together policymakers, public agencies and leading
academicians; and
(f) Seeking to strengthen the links among
the Legislative Assembly, state and local governments, the Oregon Criminal
Justice Commission, the Department of Public Safety Standards and Training and
the academic community in the interest of more informed policymaking, the
application of best practices and more relevant academic research.
(4) The Governor, the Chief Justice of the
Supreme Court, the President of the Senate, the Speaker of the House of
Representatives or the chairperson of a legislative committee with responsibility
over criminal or juvenile justice systems or childhood development programs may
request the assistance of the Criminal Justice Research and Policy Institute in
evaluating criminal or juvenile justice programs developed for, but not
necessarily limited to, preventing delinquency, reducing crime and improving
professionalism in public safety careers.
(5) Agencies, departments and officers of
state and local governments may assist the Criminal Justice Research and Policy
Institute in the performance of its functions and furnish information, data and
advice as requested by the institute. [2001 c.140 §2; 2003 c.791 §§30,30a; 2005
c.453 §§1,2; 2005 c.817 §8]
352.067
Note: 352.067 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.
352.068
Center for Lakes and Reservoirs. (1) Pursuant to ORS 351.870, there is created within the Department of
Higher Education the Center for Lakes and Reservoirs. The Center for Lakes and
Reservoirs shall be administered by
(2) 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 management of lakes and reservoirs. [2001
c.140 §3]
352.070 [Repealed by 1961 c.238 §1]
352.071
(2) 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
352.073 [1985 c.770 §12; 1995 c.162 §76; renumbered
353.460 in 1995]
352.074
(2) The purpose of the
352.075 [1967 c.539 §§1,2; repealed by 1975 c.693 §21]
352.077 [1