US Laws, Codes, Statutes & Cases

Chapter 353 — Oregon Health and Science University

 

2007 EDITION

 

OREGON HEALTH AND SCIENCE UNIVERSITY

 

EDUCATION AND CULTURE

 

GENERAL PROVISIONS

 

353.010     Definitions

 

353.020     Oregon Health and Science University as public corporation; establishment; status

 

353.030     Public policy of university; missions; purposes

 

353.035     Certain laws to be liberally construed; severability

 

BOARD OF DIRECTORS

 

353.040     Board of directors; appointment; membership; meetings; removal of members

 

353.050     Powers and duties of board and university officials

 

353.060     President of university

 

AUTHORITY AND DUTIES

 

(Generally)

 

353.070     Products of individuals with disabilities; rules; publication of product sources

 

353.080     Report on activities and operations

 

353.100     Applicability of laws to university

 

353.108     Real property and facilities utilized by university; legal title; lease; management

 

353.110     Authority to acquire private property; condemnation

 

353.117     Creation of tax-exempt entity by university

 

353.120     Adoption of alcohol and drug abuse policy

 

353.130     Public contracts

 

353.140     Funding request; budget

 

353.160     Audits

 

(Students)

 

353.180     Student education records

 

353.190     Effect of student religious beliefs on admission and attendance

 

353.200     Rights of students in military ordered to active duty; rules

 

353.202     Credit for room, board, tuition and fees for students ordered to active duty; rules

 

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

 

(Physical Access Committee)

 

353.210     Purpose; members; duties

 

PERSONNEL

 

353.250     Alternative retirement programs

 

353.260     Personnel records; access; control; creation

 

353.270     Compensation of officers and employees; conflicts of interest

 

353.280     Faculty; status; powers

 

353.290     Reductions in faculty; affirmative action plans and goals

 

353.300     Political or sectarian test prohibited in appointment of faculty or employees

 

FINANCE

 

(Generally)

 

353.330     Effect of law on bonds, certificates of participation or agreements for borrowing money; responsibility for payment; rights of holders of obligations

 

(Bonds)

 

353.340     Issuance and sale of revenue bonds by university

 

353.350     Revenue bonds considered bonds of political subdivision

 

353.360     Refunding bonds

 

353.370     Notice to Legislative Assembly required if shortfall in moneys exists for payment of amounts under bonds, certificates of participation or agreements for borrowing money

 

(Financial Agreements)

 

353.380     Definitions for ORS 353.380 to 353.420

 

353.390     Authority; limitations

 

353.400     Delegation of board authority

 

353.410     University powers regarding financing agreements and credit enhancement agreements

 

353.420     Effect of financing agreement on tax status

 

PROGRAMS

 

353.440     Coordination of programs with Oregon University System

 

353.445     Venture grant program

 

353.450     Area Health Education Center program; continuing education programs for physicians in rural areas; emergency medical technician training in rural areas

 

353.460     Center for Research on Occupational and Environmental Toxicology

 

353.470     Funding of center

 

353.480     Pediatric dental residency program

 

OREGON OPPORTUNITY PROGRAM

 

353.550     Definitions for ORS 353.550 to 353.563 and sections 10, 12, 14, 16 and 18, chapter 921, Oregon Laws 2001

 

353.553     Short title

 

353.556     Purpose; policy; findings; intent

 

353.559     Creation; university duties; expenditure of proceeds

 

353.563     Task force on program impact on university missions

 

NURSING EDUCATION PROGRAM GRANTS

 

353.600     Definitions for ORS 353.600 to 353.612

 

353.603     Grant distribution; administrative expenses; contributions

 

353.606     Oregon Nursing Shortage Coalition Committee

 

353.609     Duties of committee; grant criteria; use of grant funds

 

353.612     Nursing Education Grant Fund

 

GENERAL PROVISIONS

 

      353.010 Definitions. As used in this chapter:

      (1) “Board” means the Oregon Health and Science University Board of Directors established under ORS 353.040.

      (2) “Public corporation” means an entity that is created by the state to carry out public missions and services. In order to carry out these public missions and services, a public corporation participates in activities or provides services that are also provided by private enterprise. A public corporation is granted increased operating flexibility in order to best ensure its success, while retaining principles of public accountability and fundamental public policy. The board of directors of a public corporation is appointed by the Governor and confirmed by the Senate but is otherwise delegated the authority to set policy and manage the operations of the public corporation.

      (3) “University” or “Oregon Health and Science University” means the Oregon Health and Science University public corporation created under ORS 353.020. [1995 c.162 §1; 1999 c.291 §1]

 

      353.020 Oregon Health and Science University as public corporation; establishment; status. Oregon Health and Science University is established as a public corporation and shall exercise and carry out all powers, rights and privileges that are expressly conferred upon it, are implied by law or are incident to such powers. The university shall be a governmental entity performing governmental functions and exercising governmental powers. The university shall be an independent public corporation with statewide purposes and missions and without territorial boundaries. The university shall be a governmental entity but shall not be considered a unit of local or municipal government or a state agency for purposes of state statutes or constitutional provisions. [1995 c.162 §2; 1999 c.291 §2; 2001 c.123 §1]

 

      353.030 Public policy of university; missions; purposes. (1) It shall be the public policy of the Oregon Health and Science University in carrying out its missions as a public corporation:

      (a) To serve the people of the State of Oregon by providing education in health, science, engineering and their management for students of the state and region.

      (b) To provide:

      (A) An environment that stimulates the spirit of inquiry, initiative and cooperation between and among students, faculty and staff;

      (B) Research in health care, engineering, biomedical sciences and general sciences; and

      (C) The delivery of health care to contribute to the development and dissemination of new knowledge.

      (2) The university will strive for excellence in education, research, clinical practice, scholarship and community service while maintaining compassion, personal and institutional integrity and leadership in carrying out its missions.

      (3) The university is designated to carry out the following public purposes and missions on behalf of the State of Oregon:

      (a) Provide high quality educational programs appropriate for a health and science university;

      (b) Conduct research in health care, engineering, biomedical sciences and general sciences;

      (c) Engage in the provision of inpatient and outpatient clinical care and health care delivery systems throughout the state;

      (d) Provide outreach programs in education, research and health care;

      (e) Serve as a local, regional and statewide resource for health care providers; and

      (f) Continue a commitment to provide health care to the underserved patient population of Oregon.

      (4) The university shall carry out the public purposes and missions of this section in the manner that, in the determination of the Oregon Health and Science University Board of Directors, best promotes the public welfare of the people of the State of Oregon. [1995 c.162 §3; 2001 c.123 §3]

 

      353.035 Certain laws to be liberally construed; severability. Chapter 162, Oregon Laws 1995, shall be liberally construed to effect the purposes and intent thereof. If any provision of chapter 162, Oregon Laws 1995, or the application of that provision to any particular circumstance or person, shall be held invalid, the remainder of chapter 162, Oregon Laws 1995, and the application of that provision to circumstances or persons other than those to which it is held invalid shall not be affected thereby. [1995 c.162 §90]

 

      Note: Legislative Counsel has substituted “chapter 162, Oregon Laws 1995,” for the words “this Act” in section 90, chapter 162, Oregon Laws 1995, compiled as 353.035. Specific ORS references have not been substituted pursuant to 173.160. These sections may be determined by referring to the 1995 Comparative Section Table located in Volume 20 of ORS.

 

BOARD OF DIRECTORS

 

      353.040 Board of directors; appointment; membership; meetings; removal of members. (1) There is established an Oregon Health and Science University Board of Directors consisting of 10 members. The directors, except for the president of the university, shall be appointed by the Governor and shall be confirmed by the Senate in the manner prescribed in ORS 171.562 and 171.565.

      (2) Except for the president of the university, the term of office of each nonstudent member is four years. The term of office of the student member is two years. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on October 1 next following. A member is eligible for reappointment for one additional term. If there is a vacancy for any cause, the Governor shall make an appointment to become effective immediately for the unexpired term. The board shall nominate a slate of candidates whenever a vacancy occurs or is announced and shall forward the recommended candidates to the Governor for consideration. To assist the Governor in appointing the student member, the duly organized and recognized entity of student government shall submit a list of nominees to the Governor for consideration.

      (3) The membership of the board shall be as follows:

      (a) One representative who is a nonstudent member of the State Board of Higher Education.

      (b) Seven representatives who, in the discretion of the Governor, have experience in areas related to the university missions or that are important to the success of Oregon Health and Science University, including but not limited to higher education, health care, scientific research, engineering and technology and economic and business development.

      (c) One representative who is a student enrolled at the university.

      (d) The president of the university, who shall be an ex officio voting member.

      (4) Directors must be citizens of the United States. Except for the president of the university, no voting member may be an employee of the university.

      (5) The board shall select one of its members as chairperson and another as vice chairperson for such terms and with such duties and powers as the board considers necessary for performance of the functions of those offices. The board shall adopt bylaws concerning how a quorum shall be constituted and when a quorum shall be necessary.

      (6) The board shall meet at least once every three months at Oregon Health and Science University. The board shall meet at such other times and places specified by the chairperson or by a majority of the members of the board.

      (7) 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 is for corrupt conduct in office. [1995 c.162 §4; 1999 c.291 §3; 2001 c.123 §4]

 

      353.050 Powers and duties of board and university officials. Except as otherwise provided in this chapter, the Oregon Health and Science University Board of Directors, or university officials acting under the authority of the board, shall exercise all the powers of the Oregon Health and Science University and shall govern the university. In carrying out its powers, rights and privileges, the university shall be a governmental entity performing governmental functions and exercising governmental powers. The university or the board may either within or outside the state:

      (1) Determine or approve policies for the organization, administration and development of the university.

      (2) Appoint and employ any instructional, administrative, professional, trade, occupational and other personnel as are necessary or appropriate to carry out the missions of the university, and prescribe their compensation and terms of office or employment.

      (3) Make any and all contracts and agreements, enter into any partnership, joint venture or other business arrangement, create and participate fully in the operation of any business structure, including but not limited to the development of business structures for health care delivery systems and networks with any public or private government, nonprofit or for-profit person or entity that in the judgment of the university or the board is necessary or appropriate to carry out the university’s missions and goals.

      (4) Acquire, purchase, receive, hold, control, convey, sell, manage, operate, lease, license, lend, invest, improve, develop, use, dispose of and hold title to real and personal property of any nature, including intellectual property, in its own name.

      (5) Sue in its own name and be sued, plead and be impleaded in all actions, suits or proceedings in any forum brought by or against it by any and all private or state, local, federal or other public entities, agencies or persons.

      (6) Encourage gifts and donations for the benefit of the university, and subject to the terms of the gift, retain, invest and use such gifts as deemed appropriate by the university or the board.

      (7) Acquire, receive, hold, keep, pledge, control, convey, manage, use, lend, expend and invest all funds, appropriations, gifts, bequests, stock and revenue from any source to the university.

      (8) 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 or the board.

      (9) Erect, construct, improve, develop, repair, maintain, equip, furnish, lease, lend, convey, sell, manage, operate, use, dispose of and hold title to buildings, structures and lands for the university.

      (10) Purchase any and all insurance, operate a self-insurance program or otherwise arrange for the equivalent of insurance coverage of any nature and the indemnity and defense of its officers, agents and employees or other persons designated by the university to carry out or further the missions of the university.

      (11) Create, develop, supervise, control and adopt academic programs, including standards, qualifications, policies or practices relating to admissions, curriculum, academic advancement, grading policy, student conduct, credits and scholarships and the granting of academic degrees, certificates and other forms of recognition.

      (12) Authorize, create, eliminate, establish, operate, reorganize, reduce or expand any program, school, institute, health care facility or other unit of operation.

      (13) Establish, charge, collect and use charges for enrollment into the university, including charges such as tuition for education and general services, incidental fees and such other charges found by the university to be necessary to carry out its educational programs. Fees realized in excess of amounts allocated and exceeding required reserves shall be considered surplus incidental fees and shall be allocated for programs under the control of the board and found to be advantageous to the cultural or physical development of students of the university upon the recommendation of the recognized student government of the university.

      (14) Establish, charge, collect and use charges and fees for university services and the use of university facilities.

      (15) Impose charges, fines, fees and such other regulations considered convenient or necessary to control and regulate traffic and parking of vehicles to the same extent allowed the State Board of Higher Education. This authority includes the authority to enforce the regulations of the university in a court to the extent allowed the State Board of Higher Education in enforcing the state board’s regulations as provided in ORS 352.360 (7).

      (16) Commission as special campus security officers one or more individuals who will have probable cause arrest authority and the accompanying immunities as set forth in ORS 133.310 and 133.315 when acting in the scope of their duties, provided that such individuals are trained and certified by the Department of Public Safety Standards and Training, and provided further that such officers shall not be authorized to carry firearms as police officers and shall not be considered police officers for purposes of ORS 181.610, 238.005, 243.005 or 243.736. The university shall be considered a criminal justice agency for purposes of ORS 181.715 and 181.720.

      (17) Enforce and recover for payment to the university any fines that are authorized by this chapter.

      (18) Adopt, amend or repeal bylaws, administrative rules, regulations and orders applicable to the matters that are the subject of this chapter.

      (19) Contract with any state agency for the performance of such duties, functions and powers as is appropriate. A state agency shall not charge the university for such services an amount that is greater than the actual cost of the services.

      (20) Purchase, receive, subscribe for or otherwise acquire, own, hold, vote, use, sell, mortgage, lend, pledge, invest in or otherwise dispose of and deal in or with the shares, stock or other equity or interests in or obligations of any other entity. Separate funds may be established for such investments. The State of Oregon shall have no proprietary or other interest in such investments or such funds.

      (21) Make available, by lease or otherwise, or control access to any health care facilities or services or other of its properties and assets to such persons, firms, partnerships, associations or corporations and on such terms as considered appropriate, charge and collect rent or other fees or charges therefor and terminate or deny any such access or any such lease or other agreement for such reasons as considered appropriate and as may be consistent with its obligations under any such lease or other agreement.

      (22) Contract for the operation of any department, section, equipment or holdings of the university and enter into any agreements with any person, firm or corporation for the management by said person, firm or corporation on behalf of the university of any of its properties or for the more efficient or economical performance of clerical, accounting, administrative and other functions relating to its health care facilities.

      (23) Select and appoint faculty as medical and dental staff members and others licensed to practice the healing arts, delineate and define the privileges granted each such individual, adopt and direct a plan for faculty clinical income and set the terms and conditions of that plan (including such modifications to any such existing plan as considered necessary or appropriate upon expiration of the term of such plan), and determine the extent to which and the terms upon which each such individual may provide teaching, research, consulting or other services at the university or any other health care facility.

      (24) Enter into affiliation, cooperation, territorial, management or other similar agreements with other public or private universities or health care providers for the sharing, division, allocation or furnishing of services on an exclusive or a nonexclusive basis, referral of patients, management of facilities, formation of health care delivery systems and other similar activities.

      (25) Perform any other acts that in the judgment of the board or university are requisite, necessary or appropriate in accomplishing the purposes described in or carrying out the powers granted by this chapter.

      (26) Exercise these powers, notwithstanding that as a consequence of the exercise of such powers, the university engages in activities that might otherwise be deemed anticompetitive within the contemplation of state or federal antitrust laws. [1995 c.162 §8; 1997 c.853 §38; 1999 c.291 §4]

 

      353.060 President of university. The Oregon Health and Science University Board of Directors shall appoint a president of the university. The president is the president of the faculty and is the executive and governing officer of the university. Subject to the supervision of the board, the president has authority to direct the affairs of the university. [1995 c.162 §11]

 

AUTHORITY AND DUTIES

 

(Generally)

 

      353.070 Products of individuals with disabilities; rules; publication of product sources. (1) As used in this section:

      (a) “Direct labor” includes all work required for preparation, processing and packing, but not supervision, administration, inspection or shipping.

      (b) “Individual with a disability” means an individual who, because of the nature of the individual’s disability, is not able to participate fully in competitive employment, and for whom specialized employment opportunities must be provided.

      (c) “Qualified nonprofit agency for individuals with disabilities” means a nonprofit activity center or rehabilitation facility:

      (A) Organized under the laws of the United States or of this state and operated in the interest of individuals with disabilities, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual;

      (B) That complies with any applicable occupational health and safety standards required by the laws of the United States or of this state; and

      (C) That in the manufacture of products and in the provision of services during the fiscal year employs individuals with disabilities for not less than 75 percent of the work hours of direct labor required for the manufacture or provision of the products or services.

      (2) The Oregon Health and Science University Board of Directors shall further the policy of this state to encourage and assist individuals with disabilities to achieve maximum personal independence through useful and productive gainful employment by ensuring an expanded and constant market for sheltered workshop and activity center products and services, thereby enhancing the dignity and capacity of individuals with disabilities for self-support and minimizing their dependence on welfare and need for costly institutionalization.

      (3) It shall be the duty of Oregon Health and Science University to:

      (a) Determine the price of all products manufactured and services offered for sale to the university by any qualified nonprofit agency for individuals with disabilities. The price shall recover for the workshops the cost of raw materials, labor, overhead, delivery costs and a margin held in reserve for inventory and equipment replacement;

      (b) Revise such prices from time to time in accordance with changing cost factors;

      (c) Make such rules regarding specifications, time of delivery and other relevant matters of procedure as shall be necessary; and

      (d) Utilize prices and specifications, in its discretion, established by the Oregon Department of Administrative Services.

      (4) The university shall establish and publish a list of sources or potential sources of products produced by any qualified nonprofit agency for individuals with disabilities and the services provided by any such agency that the university determines are suitable for its procurement. The university, in its discretion, may utilize any list established and published by the Oregon Department of Administrative Services.

      (5) If the university intends to procure any product or service on the procurement list, the university shall procure such product or service at the price established by the university from a qualified nonprofit agency for individuals with disabilities, provided the product or service is of the appropriate specifications and is available at the location and within the period required by the university.

      (6) It is the intent of the Legislative Assembly that there be close cooperation between the board, the university and qualified nonprofit agencies for individuals with disabilities. The university, on behalf of the board, is authorized to enter into such contractual agreements, cooperative working relationships or other arrangements as may be necessary for effective coordination and efficient realization of the objectives of this section. [1995 c.162 §16a; 1999 c.291 §5; 2007 c.70 §148]

 

      353.080 Report on activities and operations. Oregon Health and Science University shall file with the Legislative Assembly and the Governor, not later than April 15 of each year, a report of the university’s activities and operations for the preceding year. [1995 c.162 §7; 1999 c.291 §6]

 

      353.100 Applicability of laws to university. (1) The provisions of ORS chapters 35, 190, 192, 244 and 295 and ORS 30.260 to 30.460, 200.005 to 200.025, 200.045 to 200.090, 236.605 to 236.640, 243.650 to 243.782, 297.040, 307.090 and 307.112 shall apply to Oregon Health and Science University under the same terms as they apply to public bodies other than the state.

      (2) Except as otherwise provided by law, the provisions of ORS chapters 182, 183, 240, 270, 273, 276, 279A, 279B, 279C, 283, 291, 292, 293, 294 and 297 and ORS 35.550 to 35.575, 180.060, 180.210 to 180.235, 183.710 to 183.725, 183.745, 183.750, 184.305 to 184.345, 190.430, 190.480, 190.490, 192.105, 200.035, 236.380, 243.105 to 243.585, 243.696, 278.011 to 278.120, 278.315 to 278.415, 279.835 to 279.855, 282.010 to 282.150, 357.805 to 357.895 and 656.017 (2) shall not apply to the university or any not-for-profit organization or other entity if the equity of the entity is owned exclusively by the university and if the organization or entity is created by the university to advance any of the university’s statutory missions.

      (3) The university, as a distinct governmental entity, or any organization or entity described in subsection (2) of this section shall not be subject to any provision of law enacted after January 1, 1995, with respect to any governmental entity, unless the provision specifically provides that it applies to the university or to the organization or entity. [1995 c.162 §9; 1999 c.291 §7; 2001 c.921 §27; 2003 c.534 §13; 2003 c.794 §263]

 

      Note: The amendments to 353.100 by section 33, chapter 100, Oregon Laws 2007, are the subject of a referendum petition that may be filed with the Secretary of State not later than September 26, 2007. If the referendum petition is filed with the required number of signatures of electors, chapter 100, Oregon Laws 2007, will be submitted to the people for their approval or rejection at the regular general election held on November 4, 2008. If approved by the people at the general election, chapter 100, Oregon Laws 2007, takes effect December 4, 2008. If the referendum petition is not filed with the Secretary of State or does not contain the required number of signatures of electors, the amendments to 353.100 by section 33, chapter 100, Oregon Laws 2007, take effect January 1, 2008. 353.100, as amended by section 33, chapter 100, Oregon Laws 2007, is set forth for the user’s convenience.

      353.100. (1) The provisions of ORS chapters 35, 190, 192, 244 and 295 and ORS 30.260 to 30.460, 200.005 to 200.025, 200.045 to 200.090, 236.605 to 236.640, 243.650 to 243.782, 297.040, 307.090 and 307.112 apply to Oregon Health and Science University under the same terms as they apply to public bodies other than the state.

      (2) Except as otherwise provided by law, the provisions of ORS chapters 182, 183, 240, 270, 273, 276, 279A, 279B, 279C, 283, 291, 292, 293, 294 and 297 and ORS 35.550 to 35.575, 180.060, 180.210 to 180.235, 183.710 to 183.725, 183.745, 183.750, 184.305 to 184.345, 190.430, 190.480, 190.490, 192.105, 200.035, 243.105 to 243.585, 243.696, 278.011 to 278.120, 278.315 to 278.415, 279.835 to 279.855, 282.010 to 282.150, 357.805 to 357.895 and 656.017 (2) do not apply to the university or any not-for-profit organization or other entity if the equity of the entity is owned exclusively by the university and if the organization or entity is created by the university to advance any of the university’s statutory missions.

      (3) The university, as a distinct governmental entity, or any organization or entity described in subsection (2) of this section is not subject to any provision of law enacted after January 1, 1995, with respect to any governmental entity, unless the provision specifically provides that it applies to the university or to the organization or entity.

 

      353.108 Real property and facilities utilized by university; legal title; lease; management. (1) Legal title to real property and facilities acquired by the State of Oregon prior to July 1, 1995, and utilized by Oregon Health and Science University shall remain with the State of Oregon. However, the university shall have the exclusive care, custody and control of such real property and facilities pursuant to an exclusive leasehold interest in the real property and facilities for a term of 99 years. The term of the leasehold shall begin on July 1, 1995, and shall renew automatically and perpetually for consecutive 99-year terms.

      (2) Notwithstanding any other provisions of Oregon law concerning the authority of state agencies to lease real property and facilities, the Oregon Department of Administrative Services acting on behalf of the State of Oregon shall execute a ground lease for all real property and facilities utilized by the university consistent with the provisions of this section.

      (3) The ground lease shall not be subject to any termination unless:

      (a) The State of Oregon causes all outstanding obligations of the university to be defeased under the terms of any applicable master indenture or financing agreement; and

      (b) There are no other conditions placed on the university.

      (4) Upon execution of the ground lease, the university shall pay the State of Oregon the sum of $99 in consideration for the ground lease.

      (5) The ground lease executed under this section shall supersede the lease entered into between the State of Oregon and the university in December 1995, with respect to the real property and facilities, including but not limited to provisions in the lease relating to or setting forth:

      (a) Purported limitations on the authority of the State Board of Higher Education to bind the State of Oregon;

      (b) The term of the lease and the absence of any renewal provisions; and

      (c) Any circumstances under which the lease may be terminated.

      (6) The university shall manage and maintain all real property and facilities utilized by the university. Real property and facilities of the State of Oregon leased to the university pursuant to this section shall not be sold by the university but may be encumbered by the university. Such real property and facilities shall only be encumbered by the State of Oregon in accordance with state law and in a manner that would not impair the financial condition of the university or the rights of the holders of any obligations of the university issued or incurred under any master indenture or other financing agreement. [1995 c.162 §34; 1999 c.291 §18]

 

      353.110 Authority to acquire private property; condemnation. The Oregon Health and Science University may acquire, by condemnation or otherwise, private property that is necessary or convenient in carrying out any power granted to the university. The right to acquire property by condemnation shall be exercised as provided by ORS chapter 35. [1995 c.162 §22; 2003 c.534 §14]

 

      353.117 Creation of tax-exempt entity by university. (1) Pursuant to ORS 353.050, Oregon Health and Science University may create and maintain an entity that is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, as amended, for the purpose of conducting clinical care and practice and advancing other university missions by the faculty.

      (2) Any entity created by the university under subsection (1) of this section shall be considered:

      (a) A public employer for purposes of ORS 236.605 to 236.640 and ORS chapters 238 and 238A;

      (b) A unit of local government for purposes of ORS 190.003 to 190.130;

      (c) A public body for purposes of ORS 30.260 to 30.300 and 307.112;

      (d) A public agency for purposes of ORS 200.090; and

      (e) A public corporation for purposes of ORS 307.090. [2001 c.921 §26; 2003 c.86 §9; 2003 c.733 §75]

 

      353.120 Adoption of alcohol and drug abuse policy. The Oregon Health and Science University shall adopt a comprehensive alcohol and drug abuse policy and implementation plan. [1995 c.162 §27]

 

      353.130 Public contracts. The Oregon Health and Science University subscribes to the policy set forth under ORS 279A.015 regarding public contracting, and shall develop contract policies that support openness, impartiality and competition in the awarding of contracts in accordance with that provision. The university subscribes to the intent of the social policies of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C and shall develop contract policies that are appropriate to the university and are designed to encourage affirmative action, recycling, inclusion of art in public buildings, the purchase of services and goods from individuals with disabilities, the protection of workers through the payment of prevailing wages as determined by the Bureau of Labor and Industries, the provision of workers’ compensation insurance to workers on contracts and the participation of emerging small businesses and businesses owned by women and minorities. [1995 c.162 §16; 2003 c.794 §264; 2007 c.70 §149]

 

      353.140 Funding request; budget. (1) By September 1 of each even-numbered year the Oregon Health and Science University shall submit to the Oregon Department of Administrative Services a funding request for each biennium. The Oregon Department of Administrative Services shall include and submit a university funding request to the Legislative Assembly as part of the Governor’s biennial budget. Any such request approved by the Legislative Assembly shall be appropriated to the Oregon Department of Administrative Services for direct allocation to the university. The budget request to the Legislative Assembly shall include a presentation on tuition and student fee levels.

      (2) The university budget shall be prepared in accordance with generally accepted accounting principles and adopted by the Oregon Health and Science University Board of Directors in accordance with ORS 192.610 to 192.710. [1995 c.162 §13]

 

      353.160 Audits. Nothing in this chapter shall affect the constitutional duties and authority of the Secretary of State to audit public accounts. However, the Oregon Health and Science University shall conduct independent audits if such audits are considered advisable by the university. Such audits shall be subject to the exclusive discretion and control of the university and shall be subject to disclosure pursuant to ORS 192.410 to 192.505. [1995 c.162 §14]

 

(Students)

 

      353.180 Student education records. Oregon Health and Science University may adopt policies relating to the creation, use, custody and disclosure, including access, of student education records of the university that are consistent with the requirements of applicable state and federal law. Whenever a student has attained 18 years of age or is attending the university, the permission or consent required of and the rights accorded to a parent of the student regarding education records shall thereafter only be required of and accorded to the student. [1995 c.162 §26; 1999 c.291 §8]

 

      353.190 Effect of student religious beliefs on admission and attendance. (1) No student shall be refused admission to the Oregon Health and Science University or be expelled for the sole reason that, because of religious beliefs, the student is unable to attend classes on a particular day.

      (2) Any student in the university who, because of religious beliefs, is unable to attend classes on a particular day shall be excused on that day from any examination, study requirement or work requirement. However, at the student’s own expense the student shall make up the examination, study requirement or work requirement missed because of the absence. [1995 c.162 §30]

 

      353.200 Rights of students in military ordered to active duty; rules. (1) A student at the Oregon Health and Science University who is a member of the military and who is ordered to federal or state active duty for more than 30 consecutive days has the following rights:

      (a) With regard to a course in which the student is enrolled and for which the student has paid tuition and fees, the right to:

      (A) Withdraw from the course, subject to the provisions of subsection (2) of this section;

      (B) Receive a grade of incomplete and, upon release from active duty, complete the course in accordance with the practice of the university for completion of incomplete courses; or

      (C) Continue and complete the course for full credit, subject to the provisions of subsection (3) of this section;

      (b) The right to a credit described in ORS 353.202 for all amounts paid for room, board, tuition and fees;

      (c) If the student elects to withdraw from the university, the right to be readmitted and reenrolled at the university within one year after release from active duty without a requirement of redetermination of admission eligibility; and

      (d) The right to continuation of scholarships and grants awarded to the student that were funded by the university or the Oregon Student Assistance Commission before the student was ordered to active duty.

      (2) If the student elects to withdraw from a course under subsection (1)(a)(A) of this section, the university may not:

      (a) Give the student academic credit for the course from which the student withdraws;

      (b) Give the student a failing grade or a grade of incomplete or make any other negative annotation on the student’s record; or

      (c) Alter the student’s grade point average due to the student’s withdrawal from the course.

      (3) A student who elects to continue and complete a course for full credit under subsection (1)(a)(C) of this section is subject to the following conditions:

      (a) Course sessions the student misses due to active duty shall be counted as excused absences and may not adversely impact the student’s grade for the course or rank in the student’s class.

      (b) The student may not be automatically excused from completing course assignments due during the period the student serves on active duty.

      (c) A letter grade or a grade of pass may be awarded only if, in the opinion of the teacher of the course, the student completes sufficient work and demonstrates sufficient progress toward meeting course requirements to justify the grade.

      (4) The Oregon Health and Science University Board of Directors shall adopt rules for the administration of this section.

      (5) As used in this section, “member of the military” means a person who is a member of:

      (a) The Oregon National Guard or the National Guard of any other state or territory; or

      (b) The reserves of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States. [2005 c.170 §8; 2005 c.836 §17]

 

      353.202 Credit for room, board, tuition and fees for students ordered to active duty; rules. (1)(a) The amount of the credit specified in ORS 353.200 (1)(b) shall be based on:

      (A) 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

      (B) The amount of tuition and fees paid by the student for a course from which the student withdraws.

      (b) The amount of the credit shall be prorated based on the number of weeks remaining in the term or course when the student withdraws.

      (c) At the time a student withdraws from a course at the Oregon Health and Science University or from the university, the student must elect to claim the credit:

      (A) As a credit toward tuition and fees or room and board if the student reenrolls at the university under ORS 353.200 (1)(c); or

      (B) As a monetary payment.

      (2) A student who elects to claim the credit by the method described in subsection (1)(c)(A) of this section may change the method of claiming the credit to the method described in subsection (1)(c)(B) of this section by giving notice to the university.

      (3) A student who elects to claim the credit by the method described in subsection (1)(c)(A) of this section must use the credit or change the method of claiming the credit under subsection (2) of this section within one year after release from active duty.

      (4) A personal representative of a student who elected to claim the credit by the method described in subsection (1)(c)(A) of this section may claim a monetary payment upon presenting evidence to the university that the student died while serving on active duty.

      (5) The Oregon Health and Science University Board of Directors shall adopt rules for the administration of this section, including rules that determine the amount of credit and the method by which the credit is prorated. [2005 c.170 §9]

 

      353.205 Credit for education and training received while serving in Armed Forces; rules. The Oregon Health and Science University 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 351.642. The education and training for which credit may be given must meet the standards adopted by the Oregon Health and Science University Board of Directors by rule. [2005 c.518 §5]

 

(Physical Access Committee)

 

      353.210 Purpose; members; duties. (1) The Oregon Health and Science University shall convene a physical access committee to identify barriers to access by persons with disabilities at the university. 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 university’s facilities;

      (b) One or more members of the faculty or staff with disabilities;

      (c) The coordinator of services for students with disabilities for the university;

      (d) One or more administrators of the university; and

      (e) One