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Oregon Bulletin

July 1, 2011

 

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 1-2011

Filed with Sec. of State: 6-13-2011

Certified to be Effective: 7-1-11

Notice Publication Date: 5-1-2011

Rules Amended: 576-010-0000

Subject: The proposed amendment will set fees and charges for designated services at Oregon State University for fiscal year 2011–2012. The rule states” “The University hereby adopts by reference a list of fees and charges for fiscal year 2011–2112. 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: Barbara Melton—(541) 737-6262

576-010-0000

Fees and Charges

The University hereby adopts by reference a list of fees and charges for fiscal year 2011–2012. 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 & OAR 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

 

Rule Caption: Disbursement by Electronic Fund Transfer (EFT).

Adm. Order No.: OSU 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: 576-010-0006

Subject: Provides for Oregon State University to make disbursements primarily by Electronic Funds Transfer.

Rules Coordinator: Barbara Melton—(541) 737-6262

576-010-0006

Disbursement by Electronic Funds Transfer

(1) The primary payment method to persons or entities doing business with Oregon State University will be electronic funds transfer (EFT), unless otherwise provided in this rule. EFT is defined as the movement of funds by non-paper means, usually through a payment system including, but not limited to, an automated clearinghouse or the Federal Reserve’s Fedwire system.

(2) Oregon State University will make EFT payments by direct deposit to a checking or savings account designated by the recipient, recorded in the Oregon State University financial system and located in a financial institution within the United States.

(3) Notwithstanding section (2), Oregon State University may make payments by check when the Director of Business Affairs or his/her designee determines that one of the following specific exceptions applies:

(a) The individual or entity does not have a bank account or is otherwise unable to receive payment by EFT;

(b) The individual or entity has special circumstances, which Oregon State University will review on an individual case basis and consider whether the issuance of a paper check would be in the best interests of Oregon State University; or

(c) Oregon State University determines that issuance of a paper check is in the best interests of the University.

(4) A request for exception from this rule must be made in writing and approved by the Director of Business Affairs or his/her designee.

(5) If an exception is granted pursuant to section (3)(b) of this rule, Oregon State University may assess a fee for issuance of a paper check in order to recover the costs associated with such issuance. The fee shall be established pursuant to OAR 576-010-0000 and will be deducted from the amount of the payment.

(6) This rule does not apply to:

(a) Payments to Oregon State University employees for wages or other reimbursement of expenses that are related to the employment relationship;

(b) Payments to students that are related to their student status, including but not limited to stipends;

(c) Single payments less than $500.00 that the Director of Business Affairs or his/her designee does not expect to be recurring;

(d) Payments that Oregon State University and the payee agree will be made by credit card or other non-check method.

Stat. Auth.: ORS 351 & 293.525

Stats. Implemented: ORS 351 & 293.525

Hist: OSU 2-2011, f. & cert. ef. 6-13-11

 

Rule Caption: Amendment of rules regarding OSU’s College of Veterinary Medicine’s Discounted Fee Program.

Adm. Order No.: OSU 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: 576-010-0031, 576-010-0036, 576-010-0041

Subject: This amendment adds veterinarians to Oregon State University’s College of Veterinary Medicine’s discounted fee program.

Rules Coordinator: Barbara Melton—(541) 737-6262

576-010-0031

Discounted Fee Program — Purpose

The purpose of this rule is to authorize the Veterinary Teaching Hospital to charge discounted fees for certain services and merchandise to faculty, professional students, staff and alumni of the College, as well as all Doctors of Veterinary Medicine and owners of service animals, through the establishment of a Discounted Fee Program. The Discounted Fee Program is established in OAR 576-010-0031 through 0041, and in policies adopted by the Hospital.

Stat. Auth.: ORS 351.070 & OAR 580-040-0010

Stats. Implemented: ORS 351.070

Hist.: OSU 4-2010, f. & cert. ef. 8-10-10; OSU 3-2011, f. & cert. ef. 6-13-11

576-010-0036

Definitions

The following definitions apply to OAR 576-010-0031, 576-010-0036 and 576-010-0041:

(1) “College” means the Oregon State University College of Veterinary Medicine

(2) “Discounted Fee Program” means the criteria and procedures described in OAR 576-010-0031 through 576-010-0041 for providing discounted fees to Eligible Participants for merchandise and service as described in this rule and in policies adopted by the Hospital.

(3) “Doctors of Veterinary Medicine” means graduates of American Veterinary Medical Association-recognized Colleges of Veterinary Medicine or veterinarians licensed to practice in Oregon.

(4) “Eligible Participant” means a person who meets the criteria set forth in OAR 576-010-0041(1).

(5) “Eligible Pet” means a pet that meets the criteria set forth in OAR 576-010-0041(2).

(6) “Eligible Services” means services described in OAR 576-010-0041(3).

(7) “Hospital” means the Oregon State University Veterinary Teaching Hospital.

Stat. Auth.: ORS 351.070 & OAR 580-040-0010

Stats. Implemented: ORS 351.070

Hist.: OSU 4-2010, f. & cert. ef. 8-10-10; OSU 3-2011, f. & cert. ef. 6-13-11

576-010-0041

Eligibility Criteria, Discount, Loss of Eligibility

(1) Participant Eligibility

(a) To be eligible for the faculty and staff discount in subsection (4)(a) of this rule, a person must be employed by the College on the date that the services are rendered or the merchandise is purchased.

(b) To be eligible for the professional student discount in subsection 4(b) of this rule, a student must be enrolled in the Doctor of Veterinary Medicine program with the College on the date that the services are rendered or the merchandise is purchased

(c) Graduates of the College and all Doctors of Veterinary Medicine are eligible for the alumni and veterinarian discount in subsection (4)(c) of this rule.

(d) Owners of assistance animals are eligible for the assistance animal discount in subsection (4)(d) of this rule if they present written documentation or certification that the animal assists the disabled. This documentation, which must include the assistance organization’s name, will be copied and included in the patient’s record.

(2) Pet Eligibility.

(a) Discounts are limited to services performed, or merchandise purchased, for animals that are personally owned by the Eligible Participant and are enrolled in the Discount Program. An Eligible Participant may enroll in the Discount Program using forms provided by the Hospital. An Eligible Participant may enroll a maximum of four (4) animals in this Discount Program at a time. Animals must be enrolled in the Discount Program prior to the Hospital visit or at the time of admission.

(b) An animal may remain enrolled in the Discount Program until its death, unless ownership is transferred to a person who is not an Eligible Participant.

(3) Eligible Services. All services provided by the Hospital are eligible for the Discount Program, with the exception of services provided through the Veterinary Diagnostic Laboratory and the Small Animal Preventive Health Program.

(4) Discounts

(a) Eligible Participants who qualify under subsection (1)(a) of this rule will receive a 20% discount on Eligible Services for Eligible Pets and a 40% discount off the retail price of Drug Room merchandise purchased for Eligible Pets.

(b) Eligible Participants who qualify under subsection (1)(b) of this rule will receive a 25% discount on Eligible Services for Eligible Pets and a 40% discount off the retail price of Drug Room merchandise purchased for Eligible Pets.

(c) Eligible Participants who qualify under subsection (1)(c) of this rule will receive a 20% discount on Eligible Services for Eligible Pets.

(d) Eligible Participants who qualify under section (1)(d) of this rule will receive a 20% discount on Eligible Services for Eligible Pets.

(5) Participants in this Discount Program who violate this rule may have discount privileges permanently removed.

Stat. Auth.: ORS 351.070 & OAR 580-040-0010

Stats. Implemented: ORS 351.070

Hist.: OSU 4-2010, f. & cert. ef. 8-10-10; OSU 3-2011, f. & cert. ef. 6-13-11

 

Rule Caption: Amends Oregon State University’s Student Conduct Code.

Adm. Order No.: OSU 4-2011

Filed with Sec. of State: 6-13-2011

Certified to be Effective: 6-13-11

Notice Publication Date: 5-1-2011

Rules Amended: 576-015-0020, 576-015-0050

Subject: This rule makes numbering corrections to OSU’s Student Conduct Code, and deletes one unnecessary and redundant paragraph.

Rules Coordinator: Barbara Melton—(541) 737-6262

576-015-0020

Offenses Proscribed by the University

A Student or Student Organization found to have committed any of the following proscribed acts is subject to sanctions under these rules:

(1) Obstruction or disruption of teaching, learning, research, administration, disciplinary procedures, or other institutional activities, including the institution’s public service functions or other authorized activities on institutionally-owned or controlled property. Disruptive behavior may include but is not limited to the following, where it has the effect of obstructing or disrupting the University activities listed above:

(a) Repeatedly leaving and entering the classroom without authorization;

(b) Making loud or distracting noises;

(c) Arriving late or leaving early;

(d) Persisting in speaking without being recognized;

(e) Behavior that would cause a reasonable person to fear for his or her safety.

The instructor has authority to manage the classroom environment, which may include requiring a Student to leave when the Student’s behavior disrupts the teaching or learning environment. If the Student refuses to leave, the instructor may call the Department of Public Safety for assistance and should submit an Incident Report Form to SCCS to initiate disciplinary proceedings.

(2) Academic or Scholarly Dishonesty:

(a) Academic or Scholarly Dishonesty is defined as an act of deception in which a Student seeks to claim credit for the work or effort of another person, or uses unauthorized materials or fabricated information in any academic work or research, either through the Student’s own efforts or the efforts of another.

(b) It includes:

(A) CHEATING — use or attempted use of unauthorized materials, information or study aids, or an act of deceit by which a Student attempts to misrepresent mastery of academic effort or information. This includes but is not limited to unauthorized copying or collaboration on a test or assignment, using prohibited materials and texts, any misuse of an electronic device, or using any deceptive means to gain academic credit.

(B) FABRICATION — falsification or invention of any information including but not limited to falsifying research, inventing or exaggerating data, or listing incorrect or fictitious references.

(C) ASSISTING — helping another commit an act of academic dishonesty. This includes but is not limited to paying or bribing someone to acquire a test or assignment, changing someone’s grades or academic records, taking a test/doing an assignment for someone else by any means, including misuse of an electronic device. It is a violation of Oregon state law to create and offer to sell part or all of an educational assignment to another person (ORS 165.114).

(D) TAMPERING — altering or interfering with evaluation instruments or documents.

(E) PLAGIARISM — representing the words or ideas of another person or presenting someone else’s words, ideas, artistry or data as one’s own, or using one’s own previously submitted work. Plagiarism includes but is not limited to copying another person’s work (including unpublished material) without appropriate referencing, presenting someone else’s opinions and theories as one’s own, or working jointly on a project and then submitting it as one’s own.

(c) Academic Dishonesty cases are handled initially by the academic units, following the process outlined in the University’s Academic Dishonesty Report Form, and will also be referred to SCCS for action under these rules.

(3) Obstruction or disruption that interferes with freedom of movement, either pedestrian or vehicular, on institutionally-owned or controlled property.

(4) Hazing, defined as any action that endangers the physical, emotional, mental health or safety of an individual, or destroys or damages personal property for the purpose of initiation, membership, admission or participation in a group or organization. Expressed or implied consent of the person subject to hazing is not a defense. Apathy and acquiescence in the presence of hazing are not neutral acts; they are violations of this rule. Acts that constitute hazing when they endanger the physical, emotional, mental health or safety of an individual, or destroy or damage personal property, include but are not limited to:

(a) Acts that are prohibited under any applicable law, including but not limited to ORS 163.197, under which hazing is a criminal violation;

(b) Interfering with a Student’s academic performance by denying sufficient time for class, study or other academic activities;

(c) Compelling ingestion of any substance;

(d) Compelling participation in physical activities such as calisthenics, exercise, or other games or activities requiring physical exertion;

(e) Compelling exposure to weather elements or other physically or emotionally uncomfortable situations;

(f) Compelling excessive fatigue from sleep deprivation, physical activities, or exercise;

(g) Committing any act of physical brutality against another including but not limited to paddling, striking with fists, open hands or objects, and branding;

(h) Kidnapping or transporting another with the intent of stranding him or her;

(i) Compelling conduct that can be reasonably expected to embarrass or adversely affect the dignity of another, including the performance of public stunts and activities such as scavenger hunts;

(j) Intentionally creating work or labor for another;

(k) Compelling another to commit any sexual act or engage in lewd behavior

(l) Compelling any act that results in the destruction, defacement or removal of private or public property

(5) Harassment, defined as conduct of any sort directed at another that is severe, pervasive or persistent, and is of a nature that would cause a reasonable person in the victim’s position substantial emotional distress and undermine his or her ability to work, study or participate in his or her regular life activities or participate in the activities of the University, and actually does cause the victim substantial emotional distress and undermines the victim’s ability to work, study, or participate in the victim’s regular life activities or participate in the activities of the University. Stalking behavior that meets this definition constitutes Harassment within the meaning of this rule.

(6) Sexual Harassment, as defined in the University’s Policy on Sexual Harassment.

(7) Discriminatory Harassment, as defined in the University’s Policy on Discriminatory Harassment.

(8) Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on institutionally-owned or controlled property, in contravention of law or institutional rules.

(9) Illegal use, possession, or distribution of drugs or illegal substances on institutionally-owned or controlled property.

(10) Alcohol violations, including possession or consumption of alcohol by persons less than 21 years of age, furnishing alcohol to persons less than 21 years, or consumption of alcohol by a Student of any age in violation of the University’s rules or policies on alcoholic beverages on University owned or controlled property or at University sponsored or supervised activities.

(11) Rape, sexual assault, or unwanted sexual contact of any kind, and the threat of such contact, are prohibited, as is any physical abuse. Sexual contact shall be considered “unwanted” or without consent if no clear consent is freely given; if inflicted through force, threat of force, or coercion; or if inflicted upon a person who is unconscious or otherwise without the physical or mental capacity to consent. If sexual contact is inflicted on someone who is intoxicated or impaired in the exercise of their judgment by alcohol or drugs, it may be considered without consent.

(12) Detention or physical abuse of any person or conduct that threatens imminent bodily harm or endangers the health of any person on any institutionally-owned or controlled property.

(13) Invasion of another’s privacy, where that person has a reasonable expectation of privacy, including but not limited to the use of electronic devices to make an unauthorized audio or video recording of any person while on University owned or controlled property without his or her prior knowledge, or without his or her effective consent, when such a recording is of information or of images taken from or of a person at a time and place where she or he has a reasonable expectation of privacy and where the recording is reasonably likely to cause injury or distress.

(14) Unauthorized recording of a class or of organizational or University meetings. To obtain the required authorization, the Student or Student Organization must obtain expressed permission from the faculty member, Student Organization, or University representative or official in charge of the class, meeting, or activity.

(15) Malicious damage, misuse or theft of institutional property, or the property of any other person where such property is located on institutionally-owned or controlled property or, regardless of location, is in the care, custody, or control of an institution.

(16) Refusal by any person while on institutional property to comply with an order of the President or appropriate authorized official to leave such premises because of conduct proscribed by this rule when such conduct constitutes a danger to personal safety, property, or educational or other appropriate institutional activities on such premises.

(17) Unauthorized entry to or use of institutional facilities, including buildings and grounds.

(18) Smoking in unauthorized areas in violation of OAR 576-040-0010.

(19) Falsification or misuse of University information, including but not limited to records, permits, documents, computer resources, identification cards, etc.; or the furnishing of false or misleading information to the University or its representative; or refusal to provide one’s name, class, school, and local address when requested by a University official, provided the official is identified and indicates legitimate reason for the request.

(20) Unauthorized use of University computing resources in violation of the University’s Acceptable Use of Computing Resources Policy.

(21) Inciting others to engage in any of the conduct or to perform any of the acts prohibited herein. Inciting means that advocacy of proscribed conduct which calls on the person or persons addressed for imminent action, and is coupled with a reasonable apprehension of imminent danger to the functions and purposes of the institution, including the safety of persons and the protection of its property.

(22) Violating the State Board of Higher Education’s Policy on Intercollegiate Athletics as described in Section 8 of its Internal Management Directives, specifically including the subsection thereof entitled Code of Ethics.

(23) Violation of any federal or state law or city or local ordinance or University rule or policy that applies to the Student.

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Hist.: OSU 1-1991, f. & cert. ef. 3-6-91; OSU 8-1995, f. & cert. ef. 12-29-95; OSU 4-1996, f. & cert. ef. 6-21-96; OSU 4-1998, f. & cert. ef. 6-24-98; OSU 4-1999, f. & cert. ef. 7-17-99; OSU 2-2002, f. & cert. ef. 2-25-02; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10; OSU 4-2011, f. & cert. ef. 6-13-11

576-015-0050

Student Conduct and Community Standards (SCCS) Committee Hearing

(1) When an SCCS Committee hearing is called, the accused Student or Student Organization will appear before a panel of up to five faculty or staff and five Students appointed by the Vice Provost for Student Affairs and the Associated Students of Oregon State University, respectively. The Bylaws of the SCCS Committee are available from the Vice Provost for Student Affairs or the SCCS office.

(2) All SCCS Committee hearings are closed and information presented along with all supporting documents is confidential. The hearing is informal and does not follow administrative contested case or courtroom procedures.

(3) If the Student or Student Organization has been properly notified and fails to appear, the SCCS Committee may proceed with the hearing and conduct action may be taken.

(4) During the hearing, the accused Student or Student Organization may be accompanied by an advisor of the Student’s/Student Organization’s choice. The advisor may be a faculty or staff member, fellow Student, parent, or any person of the Student’s/Student Organization’s choice so long as the availability of the advisor does not hamper the timeliness of the hearing. The Student/Student Organization may choose to have an attorney serve as advisor, however the advisor does not represent the Student/Student Organization in a conduct hearing and the Student/Student Organization will be expected to speak for him/herself or themselves at all times.

(5) During the hearing, the Student or Student Organization has the opportunity to offer information and testimony on his/her/its own behalf. The Student/Student Organization also has the opportunity to review and respond to all information, statements, or evidence presented.

(6) The chairperson of the SCCS Committee, or designee, will decide any questions or objections to hearing procedures that are raised during the hearing.

(7) Members of the Committee may ask questions of any person present during the hearing and the chairperson will invite questions and comments from the accused Student/Student Organization and the victim-claimant if present. The chairperson may also invite questions or comments from advisors or others present. If the chairperson decides an essential person or piece of information is missing, the chairperson may decide to reconvene the hearing at the earliest practical time that the missing information will be available.

(8) After the chairperson has determined that all necessary information has been presented and questions answered, the Committee will go into executive session and all other persons will be excused. The Committee will determine, based on a preponderance of the evidence, whether or not it believes the accused Student/Student Organization is responsible for a violation of the Conduct Code and, if so, the Committee will reconvene with the accused Student/Student Organization and a representative of SCCS to consider what sanctions may be appropriate. The accused Student/Student Organization may waive his/her/their right to be present. The Committee may consider:

(a) Evidence of any mitigating circumstances presented by the Student/Student Organization; and

(b) Other relevant information, including but not limited to, evidence of prior violations of the Student Conduct Code presented by a representative of SCCS.

(9) The Committee will again go into executive session to make a decision about appropriate sanctions. The time between the conclusion of the hearing and the delivery of the recommendation to the Director of SCCS shall be no more than three days, excluding weekends and holidays. The Committee’s decision will be in the form of a written recommendation to the Director of SCCS.

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Hist.: OSU 1-1991, f. & cert. ef. 3-6-91; OSU 8-1995, f. & cert. ef. 12-29-95; OSU 4-1998, f. & cert. ef. 6-24-98; OSU 1-2001, f. & cert. ef. 2-21-01; OSU 2-2010, f. 6-30-10, cert. ef. 7-1-10; OSU 4-2011, f. & cert. ef. 6-13-11

 

Rule Caption: Revision of rules relating to university owned and operated housing.

Adm. Order No.: OSU 5-2011

Filed with Sec. of State: 6-13-2011

Certified to be Effective: 6-13-11

Notice Publication Date: 5-1-2011

Rules Amended: 576-017-0005

Rules Repealed: 576-017-0010, 576-017-0015, 576-017-0020

Subject: This rule change clarifies Oregon State University’s housing rules to bring them in line with current university policies, and repeal administrative rules that are unnecessary in light of those policies.

Rules Coordinator: Barbara Melton—(541) 737-6262

576-017-0005

General Housing Regulations

(1) University policies and administrative rules, including the University Housing and Dining Services Policy Guide, University Housing and Dining Services Room and Dining Contract, and any applicable Student Conduct rules or policies, apply to all residential students or residents who live in UHDS facilities, including residence halls, cooperative houses, or student family housing, regardless of the length of that residency.

(2) All students who live in residence halls, cooperative houses, or student family housing must be regularly enrolled students at Oregon State University, or be residents under contractual agreement to reside in University housing.

(3) University Housing and Dining Services provides services to Oregon State University students living in University housing facilities and is authorized to enforce any relevant policies or administrative rules regarding such facilities.

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Hist.: OSU 2-1991, f. & cert. ef. 3-6-91; OSU 3-1994, f. 6-29-94, cert. ef. 7-1-94; OSU 1-1997, f. & cert. ef. 4-21-97; OSU 5-1998, f. & cert. ef. 6-24-98; OSU 5-2011, f. & cert. ef. 6-13-11

 

Rule Caption: Amends Oregon State University’s Alcoholic Beverage Policy.

Adm. Order No.: OSU 6-2011

Filed with Sec. of State: 6-13-2011

Certified to be Effective: 6-13-11

Notice Publication Date: 5-1-2011

Rules Amended: 576-060-0010, 576-060-0015, 576-060-0020, 576-060-0025, 576-060-0031, 576-060-0038

Subject: These amendments eliminate reference to OARs that no longer exist, update names changes of various departments, add the baseball stadium complex and provide clarity in definitions.

Rules Coordinator: Barbara Melton—(541) 737-6262

576-060-0010

Purpose

These rules govern the conditions under which alcoholic beverages may be consumed in areas other than housing units on the University campus. Rules concerning use of alcoholic beverages by students in University housing units and by recognized student organizations are subject to University policies and guidelines as well as Oregon laws and local ordinances. Information is available through the Student Conduct and Community Standards Office, Student Leadership and Involvement or at the Oregon State University Administrative Policies and Procedures website. The University cautions against the excessive use of alcoholic beverages, and in the matters referred to in these rules, expects all persons serving or consuming alcoholic beverages to adhere to all applicable laws and regulations, including the regulations of the Oregon Liquor Control Commission (“OLCC”).

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Hist.: OSU 4-1988, f. 8-19-88, cert. ef. 9-1-88; OSU 4-1990, f. & cert. ef. 8-22-90; OSU 12-1996, f. & cert. ef. 8-23-96; OSU 4-1997, f. & cert. ef. 4-21-97; OSU 2-1998, f. & cert. ef. 6-12-98; OSU 7-2008, f. 6-27-08, cert. ef. 7-1-08; OSU 6-2011, f. & cert. ef. 6-13-11

576-060-0015

Definitions

(1) “Insured Licensed Vendor” means a business entity that holds an annual liquor license issued by the OLCC and that carries public liability and liquor liability insurance at limits satisfactory to the University Director of Business Services.

(2) “Corvallis campus” means property owned or controlled by the University within the city limits of Corvallis, Oregon, except for those properties in use as single family dwellings.

(3) “Stadium” means the University football stadium complex, including the football center and the indoor practice center, and the University baseball stadium complex, in designated areas only.

(4) “University campus” means property owned or controlled by the University, including but not limited to the Corvallis campus, agricultural experiment stations, research forests, the Cascades campus at Central Oregon Community College, and Extension offices, except for those properties in use as single family dwellings.

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Hist.: OSU 4-1988, f. 8-19-88, cert. ef. 9-1-88; OSU 6-1992, f. & cert. ef. 7-24-92; OSU 2-1998, f. & cert. ef. 6-12-98; OSU 7-2008, f. 6-27-08, cert. ef. 7-1-08; OSU 6-2011, f. & cert. ef. 6-13-11

576-060-0020

Use of Alcoholic Beverages on the Corvallis campus in connection with Oregon State University varsity football games

Alcoholic beverages may be served and consumed as provided in this rule in parking areas on the Corvallis campus in conjunction with scheduled Oregon State University varsity football games.

(1) Individuals wishing to picnic (“tailgate”) prior to a varsity football game and serve non-bulk alcoholic beverages may do so only in parking areas other than those designated by signage as closed to tailgating. Food and non-alcoholic beverages must be available.

(2) No kegs or other bulk dispensing of alcoholic beverages are permitted in the parking areas without prior approval and registration in accordance with the process and requirements described in OAR 576-060-0035. The Vice President for Finance and Administration may designate specific areas in the parking areas in which any approved kegs and bulk dispensing must be located.

(3) Alcoholic beverages provided from kegs or bulk dispensing at group or individually sponsored events may not be served after the close of half-time of the football games.

(4) Any person violating this policy may be subject to disciplinary action and to removal from the premises as provided in OAR 576-060-0039.

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Hist.: OSU 4-1988, f. 8-19-88, cert. ef. 9-1-88; OSU 4-1990, f. & cert. ef. 8-22-90; OSU 6-1992, f. & cert. ef. 7-24-92; OSU 12-1996, f. & cert. ef. 8-23-96; OSU 4-1997, f. & cert. ef. 4-21-97; OSU 7-2008, f. 6-27-08, cert. ef. 7-1-08; OSU 6-2011, f. & cert. ef. 6-13-11

576-060-0025

Use of Alcoholic Beverages at LaSells Stewart Center, CH2M Hill Alumni Center, the Memorial Union, Agricultural Experiment Stations, and Memorial Union East

Alcoholic beverages, limited to beer and wine, may be served at events at LaSells Stewart Center, CH2M Hill Alumni Center, Memorial Union, the Agricultural Experiment Stations, and the Gallery and Forum in Memorial Union East when prior approval is secured following the process and requirements described in OAR 576-060-0035.

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Hist.: OSU 4-1988, f. 8-19-88, cert. ef. 9-1-88; OSU 3-1989, f. & cert. ef. 5-30-89; OSU 4-1990, f. & cert. ef. 8-22-90; OSU 9-1991, f. & cert. ef. 7-25-91; OSU 6-1992, f. & cert. ef. 7-24-92; OSU 4-1997, f. & cert. ef. 4-21-97; OSU 7-2008, f. 6-27-08, cert. ef. 7-1-08; OSU 6-2011, f. & cert. ef. 6-13-11

576-060-0031

Use of Alcoholic Beverages in the Stadium Complex

(1) Alcoholic beverages, limited to beer and wine, may be served and consumed at the Stadium if served with food and non-alcoholic beverages by the Insured Licensed Vendor that has an exclusive catering contract with the University for catering at the Stadium. The vendor shall provide, on a monthly basis, prior notice of events at which it will be serving alcoholic beverages to Business Services through the Office of Risk Management. Service by any provider other than the exclusive caterer under contract to the University requires prior approval following the process and requirements described in OAR 576-060-0035

(2) Alcoholic beverages may be served in the Stadium skyboxes and suites only in connection with varsity football games. Food and non-alcoholic beverages must be provided. The individual skybox and suite user (aslisted in the use agreement) serving the alcoholic beverages must carry host liquor liability insurance coverage, or equivalent insurance coverage, with limits satisfactory to Business Services.

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Hist.: OSU 7-2008, f. 6-27-08, cert. ef. 7-1-08; OSU 4-2009, f. 6-16-09, cert. ef. 7-1-09; OSU 6-2011, f. & cert. ef. 6-13-11

576-060-0038

Prohibition

No person shall consume or carry an open container containing alcohol in any form or serve alcoholic beverages on campus except as provided in these rules and in University policies and guidelines. Information is available through the Student Conduct and Community Standards Office, Student Leadership and Involvement or at the Oregon State University Administrative Policies and Procedures website.

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Hist.: OSU 4-1990, f. & cert. ef. 8-22-90; OSU 12-1996, f. & cert. ef. 8-23-96; OSU 4-1997, f. & cert. ef. 4-21-97; OSU 2-1998, f. & cert. ef. 6-12-98; OSU 7-2008, f. 6-27-08, cert. ef. 7-1-08; OSU 6-2011, 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

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