Oregon Bulletin
July 1, 2011
Rule
Caption: Special Fees.
Adm.
Order No.: SOU 1-2011
Filed with Sec. of
State: 6-13-2011
Certified to be
Effective: 6-13-11
Notice Publication
Date: 3-1-2011
Rules Amended: 573-040-0005
Subject: The proposed rule amendments eliminate fees that are
no longer necessary and establish, increase, or decrease fees to more
accurately reflect the actual costs of instruction for certain courses and
special services not otherwise funded through the institution’s operating
budget.
Rules Coordinator: Treasa Sprague—(541) 552-6319
573-040-0005
Special Fees
The Special Fees for certain courses and general
services approved by Southern Oregon University are hereby adopted by
reference.
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
& OAR 580-040-0010
Hist.: SOSC 4, f. & ef.
9-2-76; SOSC 10, f. & ef. 5-9-77; SOSC 6-1978, f. & ef. 6-2-77; SOSC
8-1978, f. & ef. 12-15-78; SOSC 2-1979, f. & ef. 6-20-79; SOSC 4-1980,
f. & ef. 5 20-80; SOSC 4-1980, f. & ef. 5-20-80; SOSC 2-1981, f. & ef.
6-2-81; SOSC 3-1982, f. & ef. 7-1-82; SOSC 4-1983, f. & ef. 5-26-83;
SOSC 1-1984, f. & ef. 6-20-84; SOSC 4-1985, f. & ef. 6-3-85; SOSC
9-1985, f. & ef. 12-17-85; SOSC 2-1986, f. & ef. 5-30-86; SOSC 1-1987,
f. & ef. 6-5-87; SOSC 4-1987, f. & ef. 9-4-87; SOSC 1-1988, f. &
cert. ef. 5-19-88; SOSC 2-1988(Temp), f. & cert. ef. 9-2-88; SOSC 4-1988,
f. & cert. ef. 11-23-88; SOSC 3-1989, f. & cert. ef. 6-1-89; SOSC
3-1990, f. & cert. ef. 5-31-90; SOSC 3-1991, f. & cert. ef. 5-30-91; SOSC
1-1992, f. & cert. ef. 6-3-92; SOSC 3-1993, f. & cert. ef. 5-21-93;
SOSC 2-1994, f. & cert. ef. 6-10-94; SOSC 1-1995, f. & cert. ef.
6-7-95; SOSC 1-1996, f. & cert. ef. 6-5-96; SOU 1-1997, f. & cert. ef.
5-20-97; SOU 1-1998, f. & cert. ef. 4-23-98; SOU 2-1999, f. & cert. ef.
5-7-99; SOU 1-2000, f. & cert. ef. 4-10-00; SOU 1-2001, f. & cert. ef.
4-4-01; SOU 1-2002, f. & cert. ef. 4-11-02; SOU 1-2003, f. & cert. ef.
4-16-03; SOU 1-2004, f. & cert. ef. 4-5-04; SOU 1-2005, f. & cert. ef.
4-11-05; SOU 1-2006, f. & cert. ef. 3-31-06; SOU 1-2007, f. & cert. ef.
4-25-07; SOU 4-2008, f. 4-9-08, cert. ef. 4-15-08; SOU 1-2009, f. 6-4-09, cert.
ef. 6-15-09; SOU 4-2010, f. & cert. ef. 7-12-10; SOU 1-2011, f. & cert.
ef. 6-13-11
Rule
Caption: Parking Enforcement and Appeals.
Adm.
Order No.: SOU 2-2011
Filed with Sec. of
State: 6-13-2011
Certified to be
Effective: 6-13-11
Notice Publication
Date: 5-1-2011
Rules Adopted: 573-050-0016
Rules Amended: 573-050-0005, 573-050-0015, 573-050-0020,
573-050-0025, 573-050-0040
Subject: This amendment in division 50 removes/modifies
outdated language in the rule and increases permit fees.
Rules Coordinator: Treasa Sprague—(541) 552-6319
573-050-0005
Authority to Establish Motor
Vehicle Regulations
Authority to establish regulations governing the use of
motor vehicles on the Southern Oregon University (SOU) campus for visitors,
faculty, staff, and students is derived from ORS 352.360 and action of the
Oregon University System pursuant to such statute. The regulations as herein
published have been approved by the Office of the Chancellor and filed with the
Secretary of State in accordance with provisions of ORS 183.310 to 183.500.
Strict enforcement of these regulations is necessary to minimize congestion,
maintain safety on campus streets, enhance security, and maximize the use of
existing parking facilities.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 352.360
Hist.: SOSC 5, f. & ef.
9-2-76; SOSC 4-1979, f. 8-8-79, ef. 9-1-79; SOSC 5-1980, f. & ef. 8-19-80;
SOU 2-1997, f. & cert. ef. 8-26-97; SOU 1-2004, f. & cert. ef. 4-5-04;
SOU 2-2011, f. & cert. ef. 6-13-11
573-050-0015
Definitions
(1) For the purpose of these regulations, the word
“parking” means any vehicle which is stopped and/or waiting, regardless of the
period of time the vehicle is stopped or whether a driver is present, except
for a vehicle immobilized by traffic control, congestion, or accident.
(2) The word “vehicle” means any type of motor-powered
conveyance including, but not limited to, automobiles, trucks, trailers, motorcycles,
mopeds, scooters and all methods of transportation on wheels where license
registration is required by motor vehicle laws of Oregon.
(3) The word “permit” as used in these regulations
includes all the following:
(a) Faculty/Staff decal;
(b) Student Commuter decal;
(c) Residence Hall decal;
(d) Motorcycle and Scooter decal;
(e) Carpool decal;
(f) Temporary Substitute permit;
(g) Weekly Parking permit;
(h) Guest Parking permit;
(i) Service Vehicle permit;
(j) Daily Parking permit.
(4) A “decal” is the permanent permit affixed to a
vehicle.
(5) The word “permit” means a valid decal or permit as
recognized by the Parking Department.
(6) Service vehicles are defined as University-owned
service trucks or cars, vehicles with commercial permits, or vehicles with
special temporary service permits performing a service for Southern Oregon
University.
(7) Delivery vehicles are defined as vehicles owned by
companies doing pick-up and delivery business with the University departments
or vehicles with temporary special delivery permits on pick-up and delivery
business.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 352.360
Hist.: SOSC 5, f. & ef.
9-2-76; SOSC 4-1979, f. 8-8-79, ef. 9-1-79; SOSC 5-1980, f. & ef. 8-19-80;
SOSC 4-1982, f. & ef. 7-28-82; SOSC 6-1983, f. & ef. 8-23-83; SOSC
2-1984, f. & ef. 8-14-84; SOSC 8-1985, f. & ef. 8-12-85; SOSC 5-1987,
f. & ef. 9-8-87; SOSC 2-1996, f. & cert. ef. 8-2-96; SOU 2-2011, f.
& cert. ef. 6-13-11
573-050-0016
Service Vehicles, Delivery
Vehicles, and Loading Zones
(1) Loading Zones:
(a) Loading zones are located throughout the campus and
are reserved for people loading and unloading heavy or bulky packages;
(b) Metered and signed loading zones are limited to
30-minute occupancy;
(c) Loading zones are enforced at all times unless
otherwise posted.
(2) Loading Docks:
(a) Loading docks are reserved for delivery vehicles;
(b) Under special circumstances, a private vehicle may
be issued special use permission at Campus Public Safety;
(c) Loading docks are enforced at all times unless
otherwise posted.
(3) Service Vehicles Spaces:
(a) Spaces are reserved for service vehicles;
(b) Under special circumstances, a private vehicle may
be issued special use permission at Campus Public Safety.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 352.360
Hist.: SOU 2-2011, f. & cert.
ef. 6-13-11
573-050-0020
Driver Responsibility
(1) All persons operating vehicles on campus are
responsible for knowing and adhering to the regulations herein. All parking and
vehicle operating regulations are enforced 24 hours per day unless posted
otherwise. All vehicles driven or parked on SOU property shall be legally
licensed and operated by a legally licensed driver. The license must be
displayed upon request of Campus Public Safety Officers.
(2) The responsibility for locating a legal parking
space rests with the operator of the vehicle. Lack of parking space or an
overabundance of parking space is not a valid excuse for violating any
University parking regulation.
(3) Persons whose vehicles have broken down on the
campus must immediately notify Parking Services. Major mechanical repairs to
vehicles on the campus are prohibited. Abandoned or junked vehicles remaining
on the campus more than 72 hours will be removed at the owner’s expense.
Unlicensed vehicles parked on the campus will be considered abandoned and
subject to removal at the owner’s expense. Unlicensed vehicles include those
with expired vehicle registration.
(4) Southern Oregon University assumes no liability for
personal injuries or for the care and/or protection of any vehicle or its
contents while the vehicle is operated or parked on campus.
(5) Vehicles involved in driving safety violations may
have their vehicle permits to park on campus revoked by Parking Services
Enforcement Director. Revocations may be appealed through the Traffic Appeals
Board process.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 352.360
Hist.: SOSC 5, f. & ef.
9-2-76; SOSC 4-1979, f. 8-8-79, ef. 9-1-79; SOSC 5-1980, f. & ef. 8-19-80;
SOSC 6-1983, f. & ef. 8-23-83; SOSC 2-1984, f. & ef. 8-14-84; SOU
2-1997, f. & cert. ef. 8-26-97; SOU 1-2001, f. & cert. ef. 4-4-01; SOU
1-2004, f. & cert. ef. 4-5-04; SOU 2-2011, f. & cert. ef. 6-13-11
573-050-0025
Vehicle Permits, Parking Areas and
Fee Schedule
(1) All vehicles parked on the University campus are
required to display a valid SOU permit when the posted signs require a permit.
Faculty/Staff lots are posted yellow; Student Commuter lots are posted green;
Resident Student lots are posted red. Parking Services can be contacted for the
location where other types of permits may be obtained. Failure to display a permit
may result in the issuance of a parking citation. Permits may be purchased
during normal office hours at the Enrollment Services Center (ESC) located in
Britt Hall. All permits are valid for the current academic year only, unless
otherwise designated by Parking Services at the time of issuance; there are no
open-ended permits. Permit is defined as any Parking Services sanctioned or
issued permit. Examples include: decal, hangtag, guest, special, metered,
temporary, courtesy*, media, or other placard or device issued or developed by
Parking Services as needed to facilitate parking of vehicles on Southern Oregon
University property. *(A courtesy permit refers to a Retiree, VIP, or a
Volunteer.) Any misuse of these parking permits may cause them to be revoked.
(2) Parking permits and faculty/staff hangtags are
serialized for use on specific vehicle(s) with a license plate designated by
the purchaser at the time of purchase. Permits (decals) must be affixed outside
to left-rear bumper, left-rear body, left-rear window, or rear-side window
behind driver of the vehicle where visible. The adhesive on the back of the
permit must be the attaching mechanism. Hangtags are to be hung from the
rear-view mirror; serialized numbers facing out. Parking Services (at the Enrollment
Services Center in Britt Hall) must be informed of changes in vehicles;
re-registering the hangtags to the appropriate vehicle(s). If a vehicle is
disposed of, the permit must be removed and returned to Parking Services.
(3) Parking permits may be purchased for the time
period designated on the decals; generally the academic year. The academic year
begins and ends in September. Parking permits purchased during the winter,
spring, or summer terms are at a proportionately reduced rate.
(4) Faculty/Staff parking permits (or hangtags) will be
sold to classified employees, graduate assistants, temporary employees who are
half-time or more, and faculty. Faculty/staff employees working .50 FTE or less
will be eligible for a permit at a reduced rate of one-half the cost of the
permit. Hangtags are issued for a three-year period. Faculty/staff hangtags are
considered the first permit. They are not to be sold as a second permit.
Vehicles displaying a Faculty/Staff permit (or hangtag) are authorized to park in
designated Faculty/Staff (yellow) parking areas.
(5) Student Commuter parking permits will be sold to
students who live off campus and wish to bring vehicles on campus. Vehicles
displaying a Student Commuter permit are authorized to park in designated Student
Commuter (green) parking areas only.
(6) Residence Hall parking permits will be sold to
students living in campus residence halls. Vehicles displaying a Residence Hall
permit are authorized to park in designated Residence Hall (red) parking areas
only.
(7) Second parking permits may be purchased for an
additional vehicle if more than one vehicle will be brought to campus. The
purchaser must also be the registered owner of the vehicle. Only one permit
(the original or second permit) is valid in permit-required lots at a time. If
both first and second permits of one person are parked in permit-required lots
at the same time, both vehicles will be cited for improper permits. A second
permit may not be purchased for a car if the first permit is for a vehicle used
in a Residence Hall Parking area, a motorcycle, moped, or scooter.
(8) A replacement permit may be obtained for a damaged,
unreadable permit or for a replacement vehicle. The replacement vehicle must be
registered to the same owner as the original vehicle. The permit which is being
replaced will be considered void and should be returned to Parking Services (at
the Enrollment Services Center in Britt Hall) upon purchase of a replacement
permit.
(9) Guest permits are available at Parking Services and
departmental offices. Guest permits are issued for one day only. Guest permits
may not be used in timed or visitor pay meter lots. Guest permits will not be
valid if issued to University employees, faculty, students, buses, or vehicles
displaying a valid parking permit. Guest permits will not be valid and a
citation may be issued for failure to display permit if any of the following
information is illegible or omitted:
(a) Both license number and make or color of vehicle;
(b) Date that permit is valid;
(c) Name and telephone extension of departmental
personnel issuing the permit.
(10) Carpool parking permits will be sold for the
entire school year only if the carpool meets the following criteria:
(a) The carpool must contain at least two individuals
with cars, but no more than six.
(b) No more than one vehicle from the carpool is
allowed on campus at a particular time. They may not purchase a second permit.
However, replacement permits are available if requirements as stated in the
regulations for replacement permits are met.
(11) Temporary replacement vehicles for a vehicle with
a permit may be brought on campus after obtaining a Substitute Vehicle parking
permit from Parking Services. This permit is used for temporary situations of
short duration (30 days or less).
(12) Special permits may be approved by Parking
Services on an as-needed basis.
(13) Weekly or Daily permits, for those persons who use
the campus parking facilities only intermittently, may be purchased at Parking
Services (at the Enrollment Services Center in Britt Hall) or may be available
in departments that have purchased them for use in special programs or events
on campus.
(14) Courtesy (purple), parking permits are available
to personnel retiring with ten years of service or more. Courtesy (purple),
permits are valid for all retirees only, not to be used by family or friends.
Volunteer board members, designated governmental officials, media
representatives, and such others as deemed necessary by the President will have
dated and numbered VIP hangtags to facilitate their interaction with the
institution. Media representatives will receive dated and numbered hangtags.
(15) Vendor or Volunteer permits may be obtained
through Parking Services.
(a) Commercial permits will be sold to commercial
vendors, including vending machine, video game, outside maintenance, travel,
office supply, and food vendor companies, and contractors’ employees. Companies
or departments can purchase a long-term permit for six months or a year.
Short-term permits are available for one day or one month. Companies or
departments will be billed for the permits by Parking Services.
(b) Volunteer parking permits will be sold to
departments for use by volunteers. Departments can purchase long-term permits
for one year, short-term permits for less than one month or term-by-term. These
permits will be billed by Parking Services to the issuing department. Volunteer
permits are not valid if issued to current University employees, faculty or
students.
(16) Disabled parking is in accordance with ORS
811.602, 811.605, 811.606, 811.607, and 811.615. Only vehicles displaying a
disabled placard or license plate issued and registered at the Motor Vehicles
Division (as designated in Rule 573-050-0020) will be allowed to park in spaces
posted for use by disabled persons. These vehicles must also display an SOU
permit or meter permit unless otherwise posted.
(a) Temporary placards are issued by the Motor Vehicle
Division for persons with qualifying temporary disabilities (as provided by ORS
811.606 and 811.640). The requirements for parking on campus apply for all
disabled parking listed above.
(b) Vehicles with an appropriate disabled placard or
license plate and SOU permit may park in any lot or space without incurring
citations, except where the lot or space is designated for parking limited to
60 minutes or less in a parking space reserved for other vehicles, or
visitor-pay meter lots.
(17) Refunds will be given for student/staff parking
permits for unused academic terms, except summer term. No refunds will be given
for year permits that are not used summer term. Refunds will be given upon
return of the permit or fragments thereof showing the permit numbers and
expiration date. Refund schedules are on file at ESC.
(18) Vehicles displaying valid permits are not guaranteed
a parking space on the campus.
(19) Vehicles displaying valid permits are not exempt
from timed parking restrictions. Vehicles may park in a timed space or in a
metered parking space but must comply with the time limits or metered fee
payment of the specific space.
(20) Mopeds, scooters, & motorcycles must have a
motorcycle permit and be parked in a motorcycle parking space. If a motorcycle
has a full price vehicle parking permit they may park in a vehicle space that
corresponds with the color of the permit. Motorcycles may park in timed spaces
that are open to the public. Mopeds, scooters, and motorcycles parked in
bicycle racks and on the campus grounds will be cited for improper parking.
Vehicles parked inside University buildings will be towed at the owner’s
expense.
(21) If a faculty/staff hangtag is the first legal
permit, and a motorcycle is the second vehicle, a decal may be purchased at
second decal rate.
(22) If, during the process of issuing a parking
citation, the driver of the violating vehicle drives away from the scene, thus
preventing the issuing agent from placing the citation on the vehicle, the
citation will be entered into the parking system as if it had been placed on
the vehicle. When a driver leaves the scene during the issuing process, this
will be considered “constructive notice” of the citation.
(23) Vehicles parked facing in the direction against
one-way arrows will be cited for improper parking. Vehicles parked on the side
of street opposing direction of usual traffic flow will be cited for improper
parking.
(24) Vehicles using parking lots marked “Visitor Pay
Parking” are required to display the serialized meter permit purchased at each
lot of this type. Failure to display the meter permit in plain view on the left
side of the vehicle’s dashboard will result in a citation for failure to
display a permit. There is no grace period to obtain change for the permit
machine.
(25) Government Vehicles not assigned a permanent
parking space may only be parked for a period of 24 hours in Faculty/Staff or
Student parking spaces unless permission has been obtained from Parking
Services. Vehicles may be liable for enforcement action for non-compliance.
(26) Buses may park where directed by Parking Services.
(27) Fee Schedule:
(a) Carpool, sold for entire school year only: $82 each
pool.
(b) Faculty and staff decal for first-registered
vehicle: Fall term through summer term: $125.
(c) Faculty/staff hangtags are issued for a three-year
period: $375.
(A) This fee is for a one-time purchase.
(B) Payroll deduction is available, plus applicable
increases in permit fees.
(d) Student Commuter and Residence Hall decal for
first-registered vehicle for only Fall term through summer term: $118.
(e) Motorcycles, mopeds, and scooters, one vehicle only:
(A) Fall term through summer term: $48.
(B) If motorcycles park in auto spaces, the fee is
commensurate with full fee for the area.
(f) Second Vehicle permit: $26.
(A) Second permits will be sold only to Faculty/Staff
and Commuter permit holders. Red permit holders may not purchase a second
permit.
(B) One second permit is allowed for each full-price
(first-registered vehicle) permit purchased.
(C) Replacement permits can be obtained only in
accordance with OAR 573-050-0025(8).
(g) Replacement permits or hangtags: $26.
(h) Lost/stolen permits: $21.
(i) Departmental Reserved Parking spaces
(nonrefundable): $100 over and above price for regular parking permit and a $50
fee for each subsequent sign-change after a sign is posted.
(j) Commercial permit, each vehicle:
(A) Long-term, twelve months: $164.
(B) Long-term, six months: $97.
(C) Short-term, one month: $26.
(D) Short-term, daily: $9.
(k) Weekly parking permits: $26 per week (available at
Housing, and Parking Services).
(l) Daily parking permits: $9 per day (available at
Housing, and Parking Services).
(m) Department Daily Guest Pass booklets: $40.
(n) Evening and weekend parking in designated lots: $1.
(o) Visitor pay parking in specified lots: $1 per hour
(lot 12, and lot 29; in lot 1, pay $0.25 per hour). Lots 27, 30, 32, are $1.00
per visit after 6 p.m. and weekends.
(p) Volunteer permit:
(A) Volunteer, each vehicle, long-term, one year: $6.
(B) Volunteer, each vehicle, short-term, less than one
month: $1.
(q) Handling charges:
(A) Deducting fines from payroll check: $6.
(B) Out-of-state Department of Motor Vehicles research
fee: $6.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 352.360
Hist.: SOSC 5, f. & ef.
9-2-76; SOSC 4-1979, f. 8-8-79, ef. 9-1-79; SOSC 5-1980, f. & ef. 8-19-80;
SOSC 3-1981, f. & ef. 9-9-81; SOSC 4-1982, f. & ef. 7-28-82; SOSC
1-1983, f. & ef. 1-3-83; SOSC 6-1983, f. & ef. 8-23-83; SOSC 2-1984, f.
& ef. 8-14-84; SOSC 8-1985, f. & ef. 8-12-85; SOSC 3-1986, f. & ef.
7-22-86; SOSC 5-1987, f. & ef. 9-8-87; SOSC 4-1989, f. & cert. ef.
9-19-89; SOSC 3-1990, f. & cert. ef. 5-31-90; SOSC 4-1991, f. & cert.
ef. 6-11-91; SOSC 2-1994, f. & cert. ef. 6-10-94; SOSC 2-1996, f. &
cert. ef. 8-2-96; SOU 2-1997, f. & cert. ef. 8-26-97; SOU 2-1998, f. &
cert. ef. 7-16-98; SOU 1-1999, f. & cert. ef. 5-7-99; SOU 2-2000, f. &
cert. ef. 6-9-00; SOU 1-2001, f. & cert. ef. 4-4-01; SOU 2-2002, f. &
cert. ef. 6-28-02; SOU 1-2004, f. & cert. ef. 4-5-04; SOU 3-2006, f. &
cert. ef. 6-29-06; SOU 3-2007, f. & cert. ef. 7-23-07; SOU 3-2009, f.
10-1-09, cert. ef. 10-4-09; SOU 3-2010, f. & cert. ef. 6-8-10; SOU 2-2011,
f. & cert. ef. 6-13-11
573-050-0040
Penalties for Offenses
Multiple violations may be cited for a single incident:
(1) Failure to display valid permit: Fine $30.
(2) Fraudulent display of permit: Fine $85.
(3) Permit not affixed: Fine $25.
(4) Improper permit: Fine $20.
(5) Parking in disabled space: Maximum fine $ 450.
(6) Overtime parking: Fine $25.
(7) Blocking wheel chair ramp: Fine $100.
(8) Improper parking: Fine $30.
(9) Parking in reserved space: Fine $75.
(10) Blocking traffic: Fine $50.
(11) Boot vehicle: Fine $25.
(12) Abandoning a vehicle: Fine $100.
(13) A vehicle may be towed off campus property and
impounded at the owner’s expense (including additional fines) under the
following circumstances:
(a) Any vehicle is causing imminent danger to people or
University property;
(b) Any vehicle is without a valid yellow, green, or
red parking permit and has records of $100 or more in unpaid citations (may be
towed or booted);
(c) Any vehicle is left parked or standing in an area
not normally used for parking, including parking on a sidewalk or on grass;
(d) Any vehicle is improperly parked in a disabled
space;
(e) Any vehicle is blocking traffic, another vehicle,
any door or fire exit, access to any trash container, fire lane, crosswalk,
driveway, or it poses any other safety hazard (may also be cited for blocking
traffic);
(f) Any vehicle is determined to be abandoned on
University property.
(14) Vehicles in timed parking areas may be cited when
their time parked exceeds the posted time limit. The vehicle may be cited again
after double the posted time limit is exceeded.
EXAMPLE: In a 30-minute parking area, a vehicle may be cited after 30
minutes; again after a total of 90 minutes (including the first 30 minutes);
again after 150 minutes and so forth. Timed parking is defined as “limited
duration” meaning one time parking per timed lot during a 24 hour period.
Re-parking in the same lot constitutes continuous parking and the vehicle will
be cited.
(15) Vehicles parked in permit-required parking areas
may be cited every eight hours, not to exceed three citations every 24 hours.
(16) Other violations not defined by (1)–(15)
above. $50.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 352.360
Hist.: SOSC 5, f. & ef.
9-2-76; SOSC 4-1979, f. 8-8-79, ef. 9-1-79; SOSC 5-1980, f. & ef. 8-19-80;
SOSC 4-1982, f. & ef. 7-28-82; SOSC 6-1983, f. & ef. 8-23-83; SOSC
2-1984, f. & ef. 8-14-84; SOSC 8-1985, f. & ef. 8-12-85; SOSC 3-1986,
f. & ef. 7-22-86; SOSC 5-1987, f. & ef. 9-8-87; SOSC 4-1989, f. &
cert. ef. 9-19-89; SOSC 3-1990, f. & cert. ef. 5-31-90; SOSC 4-1991, f.
& cert. ef. 6-11-91; SOSC 2-1994, f. & cert. ef. 6- 10-94; SOSC 2-1996,
f. & cert. ef. 8-2-96; SOU 2-1997, f. & cert. ef. 8-26-97; SOU 2-1998,
f. & cert. ef. 7-16-98; SOU 1-1999, f. & cert. ef. 5-7-99; SOU 1-2001,
f. & cert. ef. 4-4-01; SOU 2-2002, f. & cert. ef. 6-28-02; SOU 1-2004,
f. & cert. ef. 4-5-04; SOU 3-2006, f. & cert. ef. 6-29-06; SOU 3-2007,
f. & cert. ef. 7-23-07; SOU 3-2009, f. 10-1-09, cert. ef. 10-4-09; SOU
2-2011, f. & cert. ef. 6-13-11
Rule
Caption: Code of Student Conduct.
Adm.
Order No.: SOU 3-2011
Filed with Sec. of
State: 6-13-2011
Certified to be
Effective: 6-13-11
Notice Publication
Date: 5-1-2011
Rules Amended: 573-076-0000, 573-076-0020, 573-076-0050,
573-076-0060, 573-076-0070, 573-076-0080, 573-076-0130
Subject: SOU’s Code of Student Conduct outlining SOU’s
philosophy, expectations, policies, and procedures for students.
Rules Coordinator: Treasa Sprague—(541) 552-6319
573-076-0000
Introduction
(1) Participation as a member of the Southern Oregon
University community entails respect for oneself and all other members of the
campus community. All students, upon matriculation, agree that every other
member of the campus community is to be respected as a colleague committed to
the pursuit of knowledge and self-understanding. To misuse or abuse that mutual
respect is to threaten the entire academic enterprise.
(2) Behaviors that impede others’ ability to engage in
their work and lives at the University and/or that are self-destructive have no
place. The student code of conduct, prohibited conduct, and all of the
University’s policies are designed to guide students by providing clear
descriptions of problematic behaviors and the responses that can be expected
should they occur.
(3) Civility is the hallmark of this community. Hostility
in any form has no place in open and honest learning. These ideals operate
within the balance between freedom of expression and freedom from threats to
safety, both physical and emotional.
(4) Acceptance of admission to Southern Oregon
University implies your acceptance of the University’s rules and regulations,
and compliance with them. All University rules and policies have been crafted
to balance freedom and responsibility and to provide standards for the orderly
operation of this educational community.
(5) Conduct occurs in the context of a community of
scholars dedicated to personal and academic excellence. Joining this community
obligates each member to observe the following principles:
(a) Mutual respect
(b) Personal and academic integrity
(c) Civil discourse
(d) Responsible decision making
(6) Most members of the SOU community act in a mature
manner consistent with the benchmarks of mutual respect, civil discourse,
appreciation of differences, and responsible choices. However, it is necessary
to protect the many from the few who may choose to act in an irresponsible
manner. This is one of the main reasons the University has a code of conduct
and a comprehensive set of policies and regulations.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: SOU 2-2009, f. 8-5-09 cert.
ef. 8-7-09; SOU 3-2011, f. & cert. ef. 6-13-11
573-076-0020
Jurisdiction
(1) Generally, University jurisdiction and discipline
shall be limited to student conduct which occurs on University premises or
which threatens the University community and/or the pursuit of its objectives
(the term “University premises” includes all land, buildings, facilities, and
other property in the possession of or owned, used, or controlled by the
University, and/or University sponsored or controlled events). University
jurisdiction and discipline may also apply to student conduct which occurs off-campus
if such conduct causes concern for the University and/or the University
community.
(2) Participants on overseas and off-campus programs
are expected to act in accordance with University rules and regulations but
assume added responsibility to the group and to the laws and regulations of the
host country.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: SOU 2-2009, f. 8-5-09 cert.
ef. 8-7-09; SOU 3-2011, f. & cert. ef. 6-13-11
573-076-0050
Conduct Officers and Conduct
Boards
Hearings or other proceedings outlined in this Code may
be held before the following individuals or boards.
(1) Dean of Students and/or Designee — in matters
of alleged violations of University policy, the Dean or designee will contact
the student in writing regarding the allegation(s) and how the matter is to be
resolved.
(2) Peer Review Board (consisting of students appointed
by the Dean of Students or Designee and approved by the ASSOU Senate) —
in matters of alleged conduct violations, the PRB may hear allegations of
misconduct at the joint discretion of the Dean of Students and the PRB Chair.
The PRB also may act as a mediating body for disputes between students that
fall outside of the scope of this Code.
(3) University Review Boards (consisting of at least
one student, one faculty member, and one staff member) may be appointed by the
Dean of Students or designee to hear alleged policy violations under the
following circumstances:
(a) When alleged violations involve faculty and/or
staff members as victims
(b) When other boards are unable to obtain a quorum or
are unable to hear a case,
(c) At the discretion of the Dean of Students or
designee.
(4) The Academic Honor Board consists of three students
(approved by the ASSOU Student Senate) and three faculty members (approved by
the Provost), and the Dean of Students or designee, who serves as a non-voting
Board advisor. The Academic Honor Board serves these purposes:
(a) To hear all cases of alleged academic dishonesty,
including alleged violations of provisions regarding the responsible use of
academic technology.
(b) To advise and consult with academic and
administrative officers in interpreting and articulating academic integrity
standards, policies, and procedures.
(c) To recommend sanctions to the Dean of Students or
designee as noted in this Code.
(5) The Sexual Misconduct Review Board is composed of
specially trained administrators and staff, three of whom will be selected to
hear a case involving an alleged violation of this code, or those outlined in
the Sexual Harassment Policy.
(6) At the discretion of the Dean of Students or
designee, cases involving assault, intimidation, or other matters posing an
immediate threat to the campus community, may be handled by the Dean of
Students or designee, independent of conduct board action.
(7) Student members of any conduct board who are
charged with any violation of this Code or with a criminal offense may be
suspended from their conduct positions by the Dean of Students or designee
until a final resolution of the situation is obtained. Students found
responsible for any such violation or offense may be disqualified from any
further participation in the University conduct system by the Dean of Students
or designee.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: SOU 2-2009, f. 8-5-09 cert.
ef. 8-7-09; SOU 3-2011, f. & cert. ef. 6-13-11
573-076-0060
Conduct Referrals and Hearing
Procedures
(1) Any person may refer a student or a student group
or organization suspected of violating University policy to the Dean of
Students’ Office. Persons making such referrals are required to provide
information pertinent to the situation and will normally be expected to provide
an incident report and written statement, and/or appear at a hearing as the
complainant. The hearing format for resolution will be selected at the
discretion of the Dean of Students or designee.
(2) The Dean of Students or designee may conduct an
investigation (or request conduct of an investigation by other University
officials) to determine if the allegations have merit and/or if they can be
disposed of administratively by mutual consent of the parties involved on a
basis acceptable to the Dean of Students or designee. Such disposition shall be
final and there shall be no subsequent proceedings. If the charges cannot be
disposed of by mutual consent, the Dean of Students or designee will proceed with
a hearing.
(3) All allegations of misconduct are presented to the
accused student in written form. The notification includes the date, location,
and description of the prohibited conduct relevant to the alleged violation. A
time is set for a hearing, not less than three (3) calendar days and not more
than fifteen (15) calendar days after the student has been notified. Minimum
and maximum time limits for scheduling of hearings may be extended at the
discretion of the Dean of Students or designee based on the academic calendar
or at the written request of the accused student.
(4) Hearings are conducted according to the following
guidelines:
(a) Hearings are conducted in private, unless both the
accused student(s) and the complainant(s) agree to an open hearing.
(b) Admission of any person to the hearing is at the
discretion of the conduct officer or conduct board chair.
(c) In hearings involving more than one accused
student, the chair of the conduct board may permit the hearings concerning each
student to be conducted separately.
(d) The complainant and the accused may be accompanied
by advisors. The complainant and/or the accused is responsible for presenting
his or her own information. Comments from advisors may be requested from the
conduct officer or conduct board chair.
(e) The complainant, the accused, and the conduct
officer/board have the privilege of presenting witnesses, subject to
questioning by the conduct officer/board.
(f) Pertinent records, exhibits, and written statements
may be accepted for consideration by a conduct officer/board at the discretion
of the conduct officer or conduct board chair.
(g) All procedural questions are subject to the final
decision of the Board Chair.
(h) After the hearing, the accused student is dismissed
and the conduct officer or board (by majority vote) determines whether the
student is responsible for each alleged policy violation.
(i) The conduct officer/board’s determination is made
on the basis of whether it is “more likely than not” that the accused student violated
the policy(ies).
(j) Not more than ten (10) working days following the
hearing, the accused student is notified in writing of the decision and its
rationale, including any sanction(s) imposed, and the opportunity to appeal the
decision.
(k) There is a record of all hearings before a hearing
board, consisting of an audio recording and all written documentation including
notes taken during the hearing. The record is the property of the University
and is maintained in the Office of the Dean of Students.
(l) Except in the case of a student accused of
violating the “failure to comply with directives” policy by not appearing
before a conduct board or University official, no student may be found to have
violated the policy(ies) in question solely because the student failed to
appear. In all hearings, the information in support of the allegations is
presented and considered. Final decisions are based on the information
available.
(5) Principles governing Honor Board decisions of
alleged academic misconduct are as follows:
(a) Academic penalties (grades) are imposed only by
faculty members (course instructor).
(b) Because academic dishonesty is a policy violation,
disciplinary penalties (probation, suspension, or dismissal) may be imposed
only by the Dean of Students or designee, upon recommendation from the Academic
Honor Board, or when the Board cannot meet, upon recommendation from the
faculty member.
(6) Sexual Misconduct Review Board hearings are
conducted in accordance with guidelines established in the Sexual Conduct
Policy.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: SOU 2-2009, f. 8-5-09 cert.
ef. 8-7-09; SOU 3-2011, f. & cert. ef. 6-13-11
573-076-0070
Sanctions
(1) A disciplinary sanction is an educational tool
designed to send a clear message regarding violation of University policy.
Sanctions relate to the nature of the violation, with stronger sanctions
imposed for more aggravated or repeated misconduct. Sanctions of probation,
suspension, and dismissal require the approval of the Dean of Students.
(2) The following sanctions may be imposed when a
student is found responsible for policy violation(s):
(a) Warning: A notice in writing to the student that
the student is violating or has violated University policy.
(b) Loss of Privileges: Denial of specified privileges
for a designated period of time.
(c) Fines: Previously established and published fines
may be charged to a student’s account.
(d) Restitution: Compensation for loss, damage, or
injury. This may take the form of appropriate service and/or monetary or
material replacement.
(e) Discretionary Sanctions: Work assignments,
research, apology letters, service to the University, or other related
discretionary assignments.
(f) Educational classes to be paid by fee assessed to
violator. Fee may be paid directly or through community restitution.
(g) Conditional Disciplinary Probation: A written
reprimand which places the student’s participation in University activities in
a provisional status. Probation may exclude the student from participation in
co-curricular activities in which the student represents the University (e.g.
varsity athletics and club sports, elected student office, debate, musical and
dramatic groups). Probation may include mandatory counseling and includes the
probability of more severe disciplinary sanctions if the student further
violates University regulation(s) during the probationary period.
(h) Residence Hall Suspension: Separation of the
student from the residence halls for a stated period of time, after which the
student is eligible to return. Because the University maintains a one year
residency requirement, a residence hall suspension may result in a suspension
from the University, if the student has not completed the one year residency
requirement. Conditions for readmission may be specified. The student may be
issued a written trespass notice from one or more residence halls for the
duration of the suspension.
(i) Residence Hall Expulsion: Permanent separation of
the student from the residence halls. The student will be issued a written
trespass notice from all residence halls at the time of the expulsion.
(j) Eviction from University Housing: Removal from any
University owned or operated housing other than the residence halls (see 8
& 9 above). The student will be issued a written trespass notice from all
University housing at the time of the eviction.
(k) Unconditional Probation: Immediate invocation of
University suspension if additional violation(s) of University policies occur
during a specified period of time. Unconditional Probation also includes the
provisions of a disciplinary probation.
(l) University Suspension: Separation of the student
from the University for a specific period of time after which the student is
eligible to return. Conditions for readmission may be specified. At the
discretion of the Dean of Students or designee, a University trespass order is
in effect for the period of the suspension. A suspension may be deferred to the
end of a term at the discretion of the Dean of Students or designee.
(m) University Dismissal: Permanent separation of the
student from the University.
(3) The following sanctions may be imposed upon groups
or organizations:
(a) Those sanctions listed above.
(b) Deactivation — Loss of all privileges,
including University recognition, for a specified period of time.
(4) Interim Suspension — In certain
circumstances, the Dean of Students or designee may impose a University or residence
hall suspension prior to the hearing.
(a) Interim suspension may be imposed only:
(A) to ensure the safety and well being of members of
the University community or preservation of University property and/or;
(B) to ensure the student’s own physical or emotional
safety and well being and/or;
(C) if the student poses a definite threat of
disruption of or interference with the normal operations of the University.
(b) During the interim suspension, the student is
denied access to the campus (including classes) and all other University
activities or privileges for which the student might otherwise be eligible, as
the Dean of Students or designee may determine to be appropriate.
(5) More than one of the sanctions listed above may be
imposed for any single violation.
(6) Other than University dismissal, disciplinary
sanctions are not made part of the student’s permanent academic record, but are
part of the student’s confidential disciplinary record.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: SOU 2-2009, f. 8-5-09 cert.
ef. 8-7-09; SOU 3-2011, f. & cert. ef. 6-13-11
573-076-0080
Appeals
(1) A decision may be appealed within ten (10) working
days of the date of the sanction letter to the Dean of Students or designee.
Such appeals must be in writing and must be delivered to the Dean of Students
or designee. Appeals of decisions reached by the Dean of Students are to be
directed to the Vice President for Student Affairs.
(2) An appeal is limited to one or more of the
following purposes:
(a) To determine whether the original hearing was
conducted fairly in light of the allegations and information presented and in
conformity with the procedures outlined in this Code.
(b) To determine whether the decision reached regarding
the accused student was based on substantial information, that is, whether the
facts were sufficient to establish that a violation of University policy
occurred under the “more likely than not” standard.
(c) To determine whether the sanction(s) imposed were
appropriate for the violation(s) which the student was found to have committed.
(d) To consider new information, sufficient to alter a
decision, or other relevant facts not brought out in the original hearing,
because such information and/or facts were not known to the person appealing at
the time of the original hearing.
(3) If an appeal is granted, this written decision will
be communicated to the original conduct officer/ board for action, if
appropriate.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: SOU 2-2009, f. 8-5-09 cert.
ef. 8-7-09; SOU 3-2011, f. & cert. ef. 6-13-11
573-076-0130
Prohibited Conduct
(1) Academic Misconduct
(a) Acts of academic misconduct involve the use or
attempted use of any method that enables a student to misrepresent the quality
or integrity of his or her academic work and are prohibited.
(b) Academic misconduct with respect to examinations
includes but is not limited to copying from the work of another, allowing
another student to copy from one’s own work, unauthorized use of crib notes
during exam time, arranging for another person to substitute in taking an
examination, or giving or receiving unauthorized information prior to or during
the examination.
(c) Academic misconduct with respect to written or
other types of assignments includes but is not limited to:
(A) Failure to acknowledge the ideas or words of
another that have been intentionally taken from any published or unpublished
source;
(B) Placing one’s name on papers, reports, or other
documents that are the work of another individual;
(C) Flagrant misuse of the assistance provided by
another in the process of completing academic work;
(D) Submission of the same paper or project for
separate courses without prior authorization by faculty members;
(E) Fabrication, alteration, or other manipulation of
data; or
(F) Knowingly aiding in or inciting the academic
dishonesty of another.
(d) Academic dishonesty with respect to intellectual
property includes but is not limited to theft, alteration, or destruction of
the academic work of other members of the community, or of the educational
resources, materials, or official documents of the University and is
prohibited.
(2) Deliberate Acts of Dishonesty. In general, acts of
dishonesty are prohibited. Such acts may include, but are not limited to:
(a) Furnishing false and/or misleading information to
any University or community official, faculty member, administrative office, or
conduct body;
(b) Forgery, alteration, and/or misuse of any
University record, document, or instrument of identification;
(c) Bribery and/or coercion;
(d) Fraud and/or other misrepresentation.
(3) Animal Control
(a) The following animal-related behavior is
prohibited:
(A) Inhumane or cruel treatment of animals on
University premises;
(B) Bringing any animal inside a University Building,
with the exception of guide or service animals approved by Disabled Student
Services, or by special permission of the Dean of Students;
(C) Leaving an animal unattended on University
premises, even when tethered;
(D) Leaving an animal in a closed vehicle on University
premises.
(b) Additionally, resident students may not own or care
for pets, other than fish in approved aquaria, in campus residence halls.
(4) Controlled Substances
(a) The unlawful use, abuse, sale, purchase, transfer,
possession, manufacture, distribution, or dispensing of alcohol or other drugs
on University property or as part of any University activity is prohibited.
(b) Use, possession, cultivation, manufacture,
promotion, sale, and/or distribution of narcotics or other controlled
substances, except as expressly permitted by law, is prohibited.
(c) Use and/or possession of prescription drugs
prescribed to another is prohibited.
(d) The service of alcohol to and/or consumption by any
person who is under the age of 21 or is intoxicated is prohibited.
(e) Public intoxication at any age is prohibited.
(f) Intoxication to the point of incapacitation at any
age is prohibited.
(g) Common source containers of alcohol, such as kegs,
are prohibited on campus except with prior written permission from the Vice
President for Student Affairs.
(h) Alcohol and other drugs may not be consumed in the
course of any class, laboratory, or other activity at which attendance is
required as part of a student’s course or degree requirements.
(5) Disorderly Conduct. Loud, aggressive, profane,
abusive, drunken, and/or other behavior which disrupts or obstructs the orderly
functioning of the University or disturbs the peace and/or comfort of person(s)
on campus, on University owned or controlled property, or at University
sponsored or supervised functions is prohibited. Exhibiting behavior that
creates a concern for harm to self or others, or behavior that suggests a
serious problem which is detrimental to the University and University community
is prohibited.
(6) Disruption, Obstruction, or Interference. Engaging
in, or inciting others to engage in the disruption, obstruction, and/or
interference with of any of the following is prohibited:
(a) University student conduct proceedings;
(b) Educational activities in classrooms (both physical
and online), lecture halls, campus library, laboratories, computer
laboratories, theatres, or any other place where education and teaching
activities take place;
(c) Classroom expectations. Disruption, obstruction, or
interference includes classroom behavior, which, in the judgment of the
instructor, impedes other students’ opportunity to learn and/or which
interferes with class objectives. This provision includes University classes held
on and off Southern Oregon University premises, including distance learning and
online courses.
(d) Operations of Campus Public Safety, fire, police,
emergency services, and/or residential life staff;
(e) Interference with campus safety instruments;
(f) Any student’s ability to study, learn, and/or
complete academic requirements including, but not limited to: destroying,
preventing, and/or limiting access to information or records;
(g) Intentionally interfering with the freedom of
expression of others on University premises or at University sponsored
activities;
(h) University activities, including its public service
functions, whether on- or off-campus, and other non-University activities which
occur on University premises.
(7) Failure to Comply
(a) Failure to comply with University regulations,
state and/or federal laws, and/or the directives of University and/or community
officials while acting in their duties is prohibited.
(b) Failure to comply with the conditions of the
Residential Life Housing Contract is prohibited.
(c) Failure to comply with University student conduct
proceedings, including rules governing hearings procedures and sanctions
imposed by University student conduct officials is prohibited.
(8) Gambling. Illegal gambling or wagering on
University premises, or at any official function sponsored by the University is
prohibited.
(9) Harassment, Discrimination, or other Abusive
Behavior
(a) Physical or written/verbal abuse, threats,
intimidation, harassment, coercion, or other conduct directed at a specific
person, which threatens the health and safety of any person or seriously alarms
or intimidates another person is prohibited.
(b) Written abuse, intimidation, or harassment through
the use of Internet peer-networking sites, weblogs, or other online media which
is open to the public is prohibited.
(c) Remarks, actions, or gestures which have the
purpose or effect of creating an intimidating, hostile, and/or offensive
working, campus living, and/or academic experience due to a race, color, sex,
religion, age, marital status, national origin, gender identity or expression,
the presence of any physical or sensory disability, veteran status, sexual
orientation or any other basis protected by applicable local, state or federal
law is prohibited.
(d) University Statement on Hate and Bias-motivated
language: The University appreciates the complexity of defining language and
actions that are not acceptable in a community which values freedom of
expression. All members of the SOU community must be free to hold views that
others may find distressing or offensive. However, freedom of expression does
not include the right to intentionally and maliciously aggravate, intimidate,
ridicule, or humiliate another person.
(10) Hazing. Any act which endangers the mental or
physical health or safety of a student, or which destroys or removes public or
private property, for the purpose of initiation, admission into, affiliation
with, or as a condition for continued membership in a group or organization is
prohibited.
(11) Interference with Community Standards. Verbal or
physical threats and/or intimidation of a person participating in a student
conduct proceeding in any capacity is prohibited. Influencing or attempting to
influence another person to commit an abuse of community standards is
prohibited. Attempting to influence the impartiality of a member of a conduct
body prior to, and/or during the course of, the conduct proceeding is
prohibited. Failure to comply with the sanction(s) imposed under the Code is
prohibited.
(12) Misuse of Emergency Equipment and Procedures
(a) Tampering with, damage of, or intentional misuse of
emergency devices or blocking of
fire exits
or other means of impeding traffic is prohibited.
(b) Use of fire escapes, ground level fire doors, fire
hoses, extinguishers, and/or alarm equipment in non-emergency situations is
prohibited.
(c) Failure to comply with fire drill procedures or
emergency building evacuation is prohibited.
(d) Initiating a false report or warning, or the threat
of fire, explosion, false fire alarm, or other emergency is prohibited.
(13) Weapons & Destructive, Chemical, and/or
Incendiary Devices
(a) On-campus use, possession, storage (unless
authorized), or manufacture of the following is prohibited:
(A) Firearms or other devices capable of casting a
projectile;
(B) Any weapon, device, instrument, material, or
substance which is designed to, or may by use, inflict injury upon another
person;
(C) Explosives, bombs, or other incendiary or destructive
devices;
(D) Fireworks of any kind.
(b) Attempting, committing, or aiding the intentional
commission of an act which results in a fire being ignited which causes damage,
or is intended to cause damage, to the property of the University, to the property
of another individual, or to personal property is prohibited.
(14) Noise. Activities in violation of established
quiet hours in residence halls and academic buildings or which violate local,
state or federal noise ordinances is prohibited.
(15) Obstruction. Obstruction of the free flow of
pedestrian or vehicular traffic on University premises or at
University-sponsored or supervised functions is prohibited.
(16) Sexual Misconduct. Sexual Misconduct is defined as
any sexual contact or sexual behavior that is non-consensual and/or inflicted
upon someone who is incapacitated, and/or forced, and is prohibited.
Additionally, Sexual Exploitation, and Sexual Harassment are prohibited.
Definitions, as outlined by the Oregon University System, are as follows:
(a) Sexual Contact means the touching of the genitalia,
anus, buttocks, breasts or mouth, as well as, any contact for the purpose of
sexual gratification.
(b) Sexual Behavior means any action, short of sexual
contact, done for purposes of sexual gratification, and may include but is not
limited to voyeurism, exposing, masturbation, frottage, and audio/video
recording.
(c) Non-consensual is the absence of shared sexual
permission. Shared sexual permission is clear, voluntary, non-coerced and
clearly indicates a willingness to participate in sexual contact/behavior,
whether through affirmative verbal responses or non-verbal communication
unmistakable in meaning and given by an adult (age 18 or older). Shared sexual
permission to one form of sexual contact/behavior does not operate as
permission to any other or the same form of sexual contact/behavior.
(d) Incapacitation is a mental or physical condition
that renders a person unable to grant consent. Incapacitation may be a state or
condition resulting from the use of alcohol or other drugs, or lack of sleep,
sleep, and unconsciousness. Incapacitation may also be the result of a
cognitive impairment, such as a developmental disability, brain injury, or
mental illness.
(e) Force includes but is not limited to physical
force, violence, abuse, threat of force (direct or implied), intimidation,
extortion, harassment, coercion, fraud, duress or pressure.
(f) Sexual Exploitation occurs when a person takes
non-consensual, unjust or abusive advantage of another in a sexual or intimate
context, for his/her own advantage or benefit, or to benefit or advantage of
anyone other than the one being exploited, and that behavior does not otherwise
constitute non-consensual sexual misconduct. Sexual exploitation includes
permitting or facilitating non-consensual viewing, taking of photographs,
videotaping, or audio taping of sexual or intimate activity, knowingly inflicting
another person with HIV or other sexually transmitted infection, inducing
incapacitation of another person with the intent to facilitate sexual
misconduct against that person, and/or compelling prostitution.
(g) Sexual Harassment includes unwelcome sexual
advances, requests for sexual favors, and other physical conduct of a sexual
nature when:
(A) Submission to such conduct is made a term or
condition of employment or academic advancement (explicitly or implicitly).
(B) Submission or rejection to such conduct is used as
a basis for employment or academic advancement decisions, or
(C) Such conduct has the purpose or effect of
unreasonably interfering with an individual’s work performance or learning
environment; or creating an intimidating, hostile or offensive work, academic,
residential living, or any University-related environment.
(17) Smoking. Smoking is prohibited:
(a) In any University building;
(b) Within 25 feet of any University building;
(c) In any University vehicle;
(d) In any other designated areas.
(18) Stalking. Stalking is a pattern of repeated
harassment by unwanted attention and/or contact, and is prohibited. Stalking
includes, but is not limited to:
(a) Following or lying in wait for the victim
(b) Repeated unwanted, intrusive, and frightening
contact from the perpetrator by phone, mail, email, etc.
(c) Damaging the victims property
(d) Making direct or indirect threats to harm the
victim, the victim’s children, relatives, friends, or pets
(e) Repeatedly sending the victim unwanted gifts.
(f) Harassment through the Internet, known as
“cyberstalking,” “online stalking,” or “Internet stalking.”
(g) Securing personal information about the victim by
accessing public records, using Internet search devices, hiring private
investigators, contacting friends, family, work, or neighbors, going through
the victim’s garbage, following the victim, etc.
(19) Theft. Attempted or actual theft and/or damage to
University property or property of students, other members of the University,
or others legitimately using College property is prohibited.
(20) Vandalism or Unauthorized Use of Property.
Unauthorized use and/or abuse of University property is prohibited. Such acts
may include, but are not limited to:
(a) Alteration, duplication, and/or misuse of keys,
University documents, or identification;
(b) Unauthorized entry into, or use of, University
premises or equipment, including but not limited to camping, building a fire,
or use of an unauthorized heating, cooking or electrical device.
(c) Damage, vandalism, misuse, or theft of University
property, or the property of another person, group, or agency;
(e) Graffiti, which is defined as intentionally
defacing public and/or private property, regardless of the purpose;
(f) Littering, which is defined as throwing,
discarding, placing, or depositing items in University buildings or on
University grounds, except in receptacles provided for such purposes.
(21) Unwelcome Use of Electronic Devices. Unwanted
communication with another person using computers, email, cell phones, or any
other digital device is prohibited. Abuse, misuse, and/or theft of computer
data, equipment, and/or software, including unauthorized file-sharing and
distribution of electronic materials is also prohibited.
(22) Violation of Local, State, or Federal Laws.
Violation of local, state, or federal laws on or off University premises that
may be reasonably expected to have a negative impact on the University or
members of the University community in any form is prohibited.
(23) Violent, Threatening, Coercive, or Abusive
Conduct. Examples of prohibited violence and abusive behavior include, but are
not limited to, the following:
(a) Slapping, punching, or otherwise physically
attacking a person;
(b) A direct or implied threat of harm or hostile
behavior that creates a reasonable fear of injury to another person or
unreasonably subjects another individual to emotional distress;
(c) Brandishing a weapon or an object which appears to
be a weapon in a threatening manner;
(d) Intimidating, threatening, or directing abusive
language toward another person;
(e) Intentionally damaging University property and/or
the property of a member of the SOU community or a visitor;
(f) Committing acts motivated by and/or related to
racial or sexual harassment or domestic violence;
(g) Retaliation and/or harassment against a person
making a report in good faith.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: SOU 2-2009, f. 8-5-09 cert.
ef. 8-7-09; SOU 3-2011, f. & cert. ef. 6-13-11
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, 2010.
2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use |