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Oregon Bulletin

February 1, 2012

 

Oregon University System,
Oregon State University
Chapter 576

Rule Caption: Sets fees/charges at Oregon State University, fiscal year 2011–2012.

Adm. Order No.: OSU 8-2011

Filed with Sec. of State: 12-27-2011

Certified to be Effective: 12-27-11

Notice Publication Date: 11-1-2011

Rules Amended: 576-010-0000

Subject: The proposed amendment will set fees and charges for designated services at Oregon State University for fiscal year 20111–2012. The rule states: “The university hereby adopts by reference a list of fees and charges for fiscal year 2011_2012. The list of fees and charges is available at Oregon State University’s Valley Library, and is hereby incorporated by reference in this rule.”

Rules Coordinator: Beth Giddens—(541) 737-2449

576-010-0000

Fees and Charges

The University hereby adopts by reference a list of fees and charges for January 1–June 30, 2011. This List of Fees and Charges is available at the Oregon State University Valley Library, and is hereby incorporated by reference in the rule.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 351.070, 352.360 & 580-040-0010

Stats. Implemented: ORS 351.070 & 352.360

Hist.: OSU 3-1980, f. & ef. 10-31-80; OSU 1-1982, f. & ef. 8-27-82; OSU 1-1983(Temp), f. & ef. 9-26-83; OSU 1-1986, f. & ef. 6-4-86; OSU 2-1987, f. 6-11-87, ef. 7-1-87; OSU 2-1988, f. 6-15-88, cert. ef. 7-1-88; OSU 4-1989, f. 6-13-89, cert. ef. 7-1-89; OSU 1-1990, f. 6-15-90, cert. ef. 7-1-90; OSU 6-1991, f. 6-3-91, cert. ef. 7-1-91; OSU 2-1992, f. 6-5-92, cert. ef. 7-1-92; OSU 5-1993, f. 6-9-93, cert. ef. 7-1-93; OSU 1-1994, f. 6-8-94, cert. ef. 7-1-94; OSU 2-1995, f. 6-20-95, cert. ef. 7-1-95; OSU 6-1996, f. & cert. ef. 7-1-96; OSU 5-1997; f. 6-16-97, cert. ef. 7-1-97; OSU 7-1998, f. 6-30-98, cert. ef. 7-1-98; OSU 3-1999, f. 6-17-99, cert. ef. 7-1-99; OSU 1-2000, f. 6-21-00, cert. ef. 7-1-00; OSU 5-2001, f. 6-18-01, cert. ef. 7-1-01; OSU 6-2002, f. 6-5-02, cert. ef. 7-1-02; OSU 1-2003, f. 6-19-03, cert. ef. 7-1-03; OSU 1-2004, f. 6-23-04, cert. ef. 7-1-04; OSU 1-2005, f. 6-13-05, cert. ef. 7-1-05; OSU 1-2006, f. 6-23-06, cert. ef. 7-1-06; OSU 1-2007, f. 6-18-07, cert. ef. 7-1-07; OSU 3-2008, f. 6-27-08, cert. ef. 7-1-08; OSU 2-2009, f. 6-16-09, cert. ef. 7-1-09; OSU 1-2010, f. 6-30-10, cert. ef. 7-1-10; OSU 1-2011, f. 6-13-11, cert. ef. 7-1-11; OSU 8-2011, f. & cert. ef. 12-27-11

 

Rule Caption: Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications.

Adm. Order No.: OSU 9-2011

Filed with Sec. of State: 12-27-2011

Certified to be Effective: 12-27-11

Notice Publication Date: 11-1-2011

Rules Adopted: 576-001-0060

Subject: Provides for confidentiality and inadmissibility of workplace interpersonal mediation communications.

Rules Coordinator: Beth Giddens—(541) 737-2449

576-001-0060

Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

(1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between the University’s employees, officials or employees and officials. This rule does not apply to disputes involving the negotiation of labor contracts or matters about which a tort claim notice or a lawsuit has been filed.

(2) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(3) Nothing in this rule affects any confidentiality created by other law.

(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c) or (h)–(j) of section (7) of this rule.

(6) Except as provided in section (7) of this rule, mediation communications in mediations involving workplace interpersonal disputes are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced into evidence by the parties or the mediator in any subsequent proceeding so long as:

(a) The parties to the mediation and the University have agreed in writing to the confidentiality of the mediation, and;

(b) The person agreeing to the confidentiality of the mediation on behalf of the University:

(A) Is neither a party to the dispute nor the mediator, and

(B) Is designated by the University to authorize confidentiality for the mediation, and

(C) Is at the same or higher level in the University than any of the parties to the mediation or who is a person with responsibility for human resources or personnel matters in the University, unless the University head or member of the governing board is one of the persons involved in the interpersonal dispute, in which case the Governor or the Governor’s designee.

(7) Exceptions to confidentiality and inadmissibility:

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(e) A party to the mediation may disclose confidential mediation communications to a person if the party’s communication with that person is privileged under ORS chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(f) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(g) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(h) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements

(i) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(j) The mediator may report the disposition of a mediation to the University at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The University or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).

(8) The terms of any agreement arising out of the mediation of a workplace interpersonal dispute are confidential so long as the parties and the University so agree in writing. Any term of an agreement that requires an expenditure of public funds, other than expenditures of $1,000 or less for employee training, employee counseling or purchases of equipment that remain the property of the University, may not be made confidential.

(9) When a mediation is subject to section (6) of this rule, the University will provide to all parties to the mediation and to the mediator a copy of this rule or an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

Stat. Auth.: ORS 36.224

Stats. Implemented: ORS 36.230(4)

Hist.: OSU 7-2011(Temp), f. & cert. ef. 9-22-11 thru 3-20-12; OSU 9-2011, f. & cert. ef. 12-27-11

 

Rule Caption: Amends Oregon State University’s Policy on Smoking.

Adm. Order No.: OSU 10-2011

Filed with Sec. of State: 12-27-2011

Certified to be Effective: 12-27-11

Notice Publication Date: 11-1-2011

Rules Amended: 576-040-0010, 576-040-0012, 576-040-0015

Rules Repealed: 576-040-0025, 576-040-0030, 576-040-0035

Subject: The proposed amendments and repeals implement a smoke-free campus at Oregon State University’s Corvallis campus.

Rules Coordinator: Beth Giddens—(541) 737-2449

576-040-0010

Purpose

It is the policy of Oregon State University (the “University”) that students, faculty, staff, consultants, contractors and visitors are entitled to and will be provided smoke-free areas in which to study, work, teach, conduct research, transact business, and otherwise participate in University activities.

Stat. Auth.: ORS 243.345, 243.350, 351.070 & 433.835 - 433.850

Stats. Implemented: ORS 243.345, 243.350, 351.070 & 433.835 - 433.850

Hist.: OSU 3-1988(Temp), f. 7-12-88, cert. ef. 7-15-88; OSU 6-1988, f. & cert. ef. 11-9-88; OSU 10-2011, f. & cert. ef. 12-27-11

576-040-0012

Definition

(1) “Smoking” means inhaling or exhaling smoke from, or burning or carrying, any lighted Smoking Instrument, or using an electronic cigarette or device intended to simulate smoking.

(2) “Smoking Instrument” means a cigar, cigarette, pipe, electronic cigarette or other device intended to simulate smoking.

(3) “Corvallis Campus” means the entire area within the boundary of the University’s Corvallis campus, as illustrated at http://oregonstate.edu/smokefree/map, as well as all other University-owned property within Benton County that is marked with signage indicating a no-smoking environment.

(4) “Enclosed University facilities” means all University-owned space between a floor and a ceiling that is enclosed on three or more sides by permanent or temporary walls or windows, exclusive of doors or passageways that extend from the floor to the ceiling.

(5) “Service Line” means any indoor line, or any portion of an indoor line that extends out of doors, at which one or more persons are waiting for or receiving services of any kind, whether or not such services involves the exchange of money.

Stat. Auth.: ORS 243.345, 243.350, 351.070 & 433.835 - 433.850

Stats. Implemented: ORS 243.345, 243.350, 351.070 & 433.835 - 433.850

Hist.: OSU 8-1998, f. & cert. ef. 8-24-98; OSU 10-2011, f. & cert. ef. 12-27-11

576-040-0015

Areas in Which Smoking is Prohibited

Smoking or carrying any lighted Smoking Instrument is prohibited:

(1) Within Enclosed University Facilities, including but not limited to offices, reception areas, laboratories, lavatories, classrooms, stairwells, hallways, lobbies, meeting rooms, gymnasiums, elevators, and storage rooms; and

(2) In any indoor or outdoor space on the Corvallis Campus, including but not limited to parking lots, grounds, rooftops, athletic facilities, entrances and exit ways;

(3) Within all vehicles on Corvallis Campus;

(4) With the exception of Corvallis Campus, within ten (10 feet of any entrance, window, or ventilation system of any Enclosed University Facility where smoking is prohibited or of any Service Line that extends out of doors; and

(5) Within any University Motor Pool vehicle.

Stat. Auth.: ORS 243.345, 243.350 & 351.070

Stats. Implemented: ORS 243.345, 243.350 & 351.070

Hist.: OSU 3-1988(Temp), f. 7-12-88, cert. ef. 7-15-88; OSU 6-1988, f. & cert. ef. 11-9-88; OSU 11-1991, f. & cert. ef. 11-13-91; OSU 8-1998, f. & cert. ef. 8-24-98; OSU 10-2011, f. & cert. ef. 12-27-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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