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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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OREGON UNIVERSITY SYSTEM, UNIVERSITY OF OREGON

 

DIVISION 50

GENERAL

571-050-0005

Smoking and Tobacco Restrictions on University Owned or Controlled Properties

(1) Definitions.

(a) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated Tobacco product, including legal smoking substances that are not Tobacco, and smoking instruments.

(b) “Tobacco Use” includes Smoking, chewing, dipping or any other use of Tobacco products.

(c) “Tobacco” means all forms of Tobacco, including but not limited to cigarettes, cigars, shisha, pipes, water pipes (hookah), electronic cigarettes, and all forms of smokeless Tobacco including but not limited to chew, snus, snuff, sticks, strips and orbs.

(d) “Tobacco-related” means the use of Tobacco brand or corporate name, trademark, logo, symbol, motto, or selling message that is identifiable with those used for any brand of Tobacco products or company that manufactures Tobacco products.

(e) “Person” means a natural person.

(f) “Property” means all property owned or controlled by the University.

(g) “Vehicle” means any vehicle owned, rented or leased by the University.

(2) Prohibitions. Smoking and Tobacco Use is prohibited on all Property and in all Vehicles. Tobacco may not be sold or distributed on any Property. Any violation of this rule impairs and disrupts the educational or other activities of the University. An employee who violates this rule may be subject to discipline. A student who violates this rule may be subject to sanction under the Student Conduct Code.

(3) Citation and Appeals. Anyone else who violates this rule may be issued a citation for thirty dollars ($30). Any complaints about citations issued or appeal of an issued citation may be directed to the Vice President for Finance and Administration or that person’s designee. Appeals of citations must be received by the Office of the Vice President for Finance and Administration within thirty (30) days of the date of issuance of the citation.

(4) Assistance to Employees and Students. The University will publicize the availability of Tobacco addiction treatment assistance for employees and students.

(5) Exceptions. Exceptions to this administrative rule may be approved by the President of the University upon a finding of reasonable cause.

Stat. Auth.: ORS 351 & 352
Stats. Implemented: ORS. 351.060
Hist.: UOO 8, f. 5-3-74, ef. 6-25-74; UOO 12-1982, f. & cert. ef. 12-10-82; UOO 6-1990, f. & cert. ef. 5-18-90; UO 2-2012, f. & cert. ef. 6-13-12

Regulation of Possession of Glass Containers at Certain Athletic Facilities

571-050-0011

Articles and Activities Prohibited at Athletic Facilities

(1) The following items are not allowed inside (or on the rampways, stairways, or tunnels leading into) any University facility which serves as a site for intercollegiate athletic competition whether or not such competition is actually occurring:

(a) Glass containers of any kind;

(b) Metal cans;

(c) Weapons;

(d) Fireworks, explosives, or munitions;

(e) Alcohol or alcoholic beverages or freezes;

(f) Vacuum bottles and other similar insulated containers (thermos-type containers);

(g) Open plastic beverage containers, unless empty.

(2) Exceptions to the above prohibition are limited to:

(a) Alcoholic beverages and alcoholic beverage containers belonging to the University of Oregon, or to licensed concessionaires or catering services contracting with the University for its officially sponsored social functions, e.g., receptions, meetings, promotional activities, etc.;

(b) Weapons of on duty law enforcement officials;

(c) Fireworks in the custody of any group or person operating or presenting a fireworks display as expressly authorized by the University.

(3) University employees, contractors, or agents may request, as a condition of the license to enter the University’s athletic facilities, that persons about to enter allow inspections of all backpacks, briefcases, suitcases, athletic bags, packages, duffle bags, coolers, ice chests, picnic baskets, and other containers capable of concealing prohibited articles:

(a) Inspections under this section shall occur outside the facility's ticket gate or entrance. Persons possessing containers subject to inspection shall be informed that they are free to decline the inspection and may receive a refund of the price of the ticket upon surrender of their ticket, if any. In the alternative, the person may discard the container or prohibited items in the container or return them to a vehicle without inspection and then enter the facility without such items;

(b) Personnel making inspection requests are not obliged to cause entering spectators to wait in line while other inspections are occurring. Such personnel must, however, request to inspect the containers of the next person who appears to possess containers subject to inspection as soon as they have completed any given inspection;

(c) Signs with lettering no smaller than two inches high shall be prominently displayed at each entrance to University facilities that serves as a site for intercollegiate athletic competition. The signs shall generally describe prohibited articles, explain the potential request for inspection and the right-to-decline options, including refund, if there is a cost for admission. Similar explanations shall be printed on season ticket order forms and shall be displayed at ticket windows on University property where tickets for events at University athletic facilities are regularly sold.

(4) A person discovered during an inspection to possess a prohibited article(s) shall be offered the choice of discarding the article(s) in a public trash receptacle or of returning the prohibited article(s) to a vehicle or otherwise legally disposing of it.

(5) If a person already inside the facility possesses a prohibited article, that person shall be considered to have violated the license to enter and view the event. The person’s license is automatically revoked and the person shall be requested to leave immediately. A person who does not leave following such a request may be treated as a trespasser.

(6) If a person requests a refund under the provisions of subsection (3)(a) of this rule, University officials shall sign a bearer coupon and shall deliver it within a reasonable time to the person requesting the refund. Such a coupon shall not name the person possessing the prohibited articles, but it shall specify the location, price and date. This bearer coupon along with the unused ticket must be turned in at (or mailed to) the University Athletic Department's ticket office for a refund within 30 days. Service and other charges in excess of the admission price are non-refundable.

(7) Persons entering a facility, as a condition of the license to enter, may be subject to search by electronic wand regardless of whether they are carrying any of the above-mentioned containers.

(8) A person entering the facility who is observed without inspection possessing a prohibited article shall be treated as specified in section (4) of this rule.

(9) Open umbrellas are prohibited in all Autzen Stadium, Hayward Field and Howe Field seating areas, seating area aisles, and standing room only locations. Signs on sticks or poles and signs larger than 24 inches wide by 18 inches high are prohibited in all athletic facilities. Complaints about violations of this section shall be made to Athletic Department officials or their designated agents. Violators failing to respond to a request to close their umbrellas by Athletic Department officials or their agents may be required to leave the event. Any one who violates the restrictions on signs in this rule may be required to leave the event by Athletic Department officials or their agents.

(10) Stadium seats, stadium chairs, or seat cushions brought by any person into any University facility which serves as a site for intercollegiate athletic competition may not exceed the following dimensions: 17.5 inches wide by 13.5 inches deep, with a seat back height that does not exceed 19 inches. The seat cushion may not exceed 4 inches in height. The seat back cushion may not exceed 4 inches in depth.

Stat. Auth.: ORS 351 & 352
Stats. Implemented: ORS 351.065 & 352.010
Hist.: UOO 7-1983(Temp), f. & cert. ef. 8-15-83; UOO 4-1984, f. & cert. ef. 7-31-84; UOO 5-1990, f. & cert. ef. 5-18-90; UO 3-2000(Temp), f. 9-20-00, cert. ef. 9-20-00 thru 3-18-01; Administrative correction 6-21-01; UO 17-2007, f. & cert. ef. 8-31-07; UO 3-2008(Temp), f. & cert. ef. 6-18-08 thru 12-10-08; UO 6-2008, f. 8-14-08, cert. ef. 8-18-08; UO 4-2013, f. & cert. ef. 8-9-13

Policy Restricting the Use of Roller Skates and Skateboards in University of Oregon Facilities

571-050-0020

Roller Skates and Skateboards

(1) Use of roller skates or skateboards inside University buildings, structures, or facilities is prohibited.

(2) Only the cautious use of roller skates and skateboards is permitted on University property. Acrobatics or other stunts performed on or using roller skates or skateboards are prohibited.

(3) Users of roller skates and skateboards must yield the right-of-way to pedestrians.

(4) Use of roller skates or skateboards is prohibited (unless otherwise permitted by signs) in areas of pedestrian traffic, including, but not limited to walkways, sidewalks, loading docks, driveways, and access ramps.

(5) Use of roller skates or skateboards is permitted on University paved roadways designed for vehicular or bicycle traffic provided users obey all traffic safety rules and this rule.

(6) Users of roller skates and skateboards shall obey all campus stop, yield, and dismount signs.

(7) Any person violating this rule is subject to:

(a) A fine as listed in OAR 571-060-0005;

(b) Institutional disciplinary proceedings, if a student or employee;

(c) An order to leave the immediate premises or property owned or controlled by the University by an authorized University employee or agent.

(8) Building managers, deans, department heads, directors, and campus security officers are authorized to enforce administration of this rule and to direct individuals violating this rule either to remove the roller skates/to stop using the skateboard, or to leave the premises.

(9) Exception to this rule may be made for University-sponsored and supervised programs.

Stat. Auth.: ORS 351 & ORS 352
Stats. Implemented: ORS 351.065 & ORS 352.010
Hist.: UOO 5-1979(Temp), f. & cert. ef. 10-3-79; UOO 6-1979, f. & cert. ef. 12-20-79; UOO 3-1986(Temp), f. & cert. ef. 7-16-86; UOO 5-1986, f. & cert. ef. 12-9-86; UOO 3-1991, f. & cert. ef. 2-11-91

571-050-0025

Animal Control

(1) To protect public health and safety, the University does not permit animals in its buildings.

(2) Unattended or unleashed domestic animals are not permitted on the property of the University.

(3) Exceptions:

(a) Dogs trained to assist the handicapped;

(b) Dogs authorized by permit issued by the Office of Public Safety;

(c) Animals used for authorized research projects or experiments;

(d) Residents of the University's East Campus Housing only may keep authorized pets within their rented property.

(4) The Office of Public Safety will call a control agency to remove and impound unattended or at-large animals.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.065 & ORS 352.010
Hist.: UOO 3-1980, f. & cert. ef. 4-7-80

Commercial and Charitable Solicitations and Commercial Transactions

571-050-0030

Introduction

The University of Oregon recognizes the right of its students to familiarize themselves with divergent points of view and to associate with whomever they choose. The University further recognizes the right of members of the public to enter the campus of the University and to engage in lawful and peaceful activities while there. It is the belief of the administration of the University of Oregon that encouragement of these rights will lead to a broader, richer education for its students. Rights do not exist without responsibilities, however. Nor is the University without an obligation to provide a safe, private, scholastic environment in which its students may pursue their studies without interference. To insure that both the rights and the responsibilities are satisfied as fully as possible, the University has adopted the following rules concerning public access to the campus. They are designed to strike a balance which will provide free access and protect the educational environment without sacrificing one to the other.

(1) Definitions. As used in this rule, the following definitions apply:

(a) "Sale", "selling", or "purchasing" mean an activity which creates an activity or obligation to transfer property or services for a valuable consideration;

(b) "Commercial solicitation" means any direct and personal communication in the course of a trade or business reasonably intended to result in a sale;

(c) "Private sale" means occasional selling between persons who are campus students or employees;

(d) "Commercial transactions" means selling or purchasing or both selling and purchasing by any person in the course of employment in, or in the carrying on of, a trade or business. To the extent a non-profit organization or charity is selling a tangible product or is offering a tangible product with the expectation of thereby obtaining an immediate and direct contribution, this aspect of the entity's activity shall be deemed for the purposes of this rule to be a commercial transaction;

(e) "Interference standard" describes the basis on which University officials will make an activity impact judgement (i.e., extent to which an activity or proposed activity limits, impedes or makes more costly than normal the use or function of an area);

(f) "Charitable solicitation" means any direct and personable communication in the course of the operations of a not-for-profit organization reasonably intended to result in a sale or monetary contribution;

(g) "Not-for-profit organization" means any group of individuals, formally or informally organized for the purpose of promoting the well-being of the public at large or for benefitting an indefinite number of persons, including but not limited to educational, literary or scientific purposes, or for the prevention of cruelty to children or animals, or for the benefit of religion, rehabilitation services, public recreation, civic improvement or services which lessen the burdens on government, and also means any entity to whom a donation would qualify for a tax credit under ORS 316.102.

(2) Commercial and charitable solicitation and commercial transactions are prohibited on campus except upon written application by the vendor or solicitor and with written permission by the University President or the President's designated representative. The President has designated the Director of Erb Memorial Union as the Official designee to carry out the provisions of this rule. The Director of Erb Memorial Union shall, when the facilities affected are other than those of Erb Memorial Union, consult with the appropriate administrator:

(a) The application shall include:

(A) The applicant's name, address, and tele-phone number;

(B) The name, address, and telephone number of the company or organization represented by the applicant;

(C) The purpose of the visit to campus;

(D) The type of activity to be engaged in;

(E) The duration of the visit; and

(F) Any other information which is relevant to the granting or denial of permission to engage in the above-mentioned activities.

(b) Permission shall be granted if the proposed activity:

(A) Aids achievement of the educational or cultural objectives of the campus;

(B) Does not interfere with the operations of the campus;

(C) Is not prohibited by law or rule;

(D) In the case of commercial solicitations and for-profit commercial transactions, pays the University a minimum of rental for use of space, or ten percent (10%) of gross proceeds, whichever is greater;

(E) Does not conflict with terms of other contracts for sales or services already at the University;

(F) In the case of commercial solicitations and for-profit commercial transactions does not continue more than two (2) days and is not a frequently requested privilege. In the case of charitable solicitations and not-for-profit charitable transactions which occur on a continuing or repeated basis, permission must be reobtained at the beginning of each academic term;

(G) Does not conflict with similar sales or services offered by departments of the University.

(3) Any person granted permission under section (2) of this rule to engage in commercial or charitable solicitation or commercial transactions must abide by any time, place or manner restrictions which may be imposed as a condition to the granting of such permission. These restrictions include, but are not limited to, the number of presentations within a given period of time as determined by the Director of Erb Memorial Union in consultation with other University administrators whose unit may be affected.

(4) Commercial and charitable solicitation and commercial transactions are prohibited in all areas where such activity will, or is likely to, interfere with the normal functions of that area. Such areas include, but are not limited to:

(a) Individual student rooms, hallways, stairwells and lavatories in the dwelling areas and the interior and food service areas of dining rooms in residence halls. Use of residence hall lounges and meeting rooms will be allowed only with the permission of the Director of Housing (using an interference standard) and a majority vote of the residents of that unit. Use of dining hall lobbies will be allowed only with permission of the Director of Housing, applying the same standard;

(b) Classrooms, except with written permission of the Director of Erb Memorial Union and written consent of the instructor;

(c) Meeting rooms, auditoriums, or general assembly areas except with written permission from the Director of Erb Memorial Union;

(d) Libraries;

(e) Faculty and administrative offices; and

(f) Any other areas designated by the President or the Director of Erb Memorial Union on behalf of the President.

(5) Persons who violate the provisions of this rule shall be disciplined as follows:

(a) Members of the campus community shall be disciplined in accordance with the procedure which is appropriate with that person's status as a student, faculty member, administrator, employee, or other category;

(b) Non-members of the campus community shall be prohibited from entering upon the campus for purposes of commercial and/or charitable solicitation or commercial transactions for a period of not more than one year. Those who violate this prohibition shall be subject to trespass laws.

(6) Nothing in this rule shall affect private sales.

(7) Nothing in this rule shall affect advertising in campus newspapers, radio or television stations.

(8) Nothing in this rule shall affect commercial solicitations and commercial transactions by vendors providing sales and services to offices, employees or agents of the University of Oregon for the conduct of University business.

(9) Commercial and charitable door-to-door solicitation in Family Housing areas shall be managed as follows:

(a) Each person desiring to solicit door-to-door must fill out a request-to-solicit form at the area office once a year. Forms record applicant's name, address and telephone number; company name, address and telephone number; purpose of visit; type of activity and length of visit;

(b) The area director will file each request and will permit any person or group to solicit door-to-door once an academic term. Solicitors will receive a written approval pass which should be carried and displayed on request during the course of their visit to the Family Housing Area;

(c) Solicitors may return to established customers without reapplying for permission, but shall renew the request-to-solicit form the same month each year.

Stat. Auth.: ORS 351 & ORS 352
Stats. Implemented: ORS 351.070
Hist.: UOO 4-1980, f. & cert. ef. 5-20-80; UOO 12-1980, f. & cert. ef. 10-21-80; UOO 16-1981(Temp), f. & cert. ef. 12-15-81; UOO 1-1995, f. & cert. ef. 1-13-95

Key Control

571-050-0035

Introduction

To regulate the control, authorization of use and issuance of University of Oregon facility keys, the President of the University designates the Vice-President for Administration to administer the University's key control policy. The Director of Public Safety shall administer the University's key control program.

(1) Definitions. As used in this rule, the following definitions apply:

(a) "University" shall mean University of Oregon;

(b) "Facilities" shall mean any University building, house, room or area to which access is controlled by a key, electronic access device or by another device normally restricting access;

(c) "Grand Master Key" shall mean a key which opens all doors in two or more University buildings or departments;

(d) "Master Key" shall mean a key which opens all doors in a University building or department;

(e) "Sub-Master Key" shall mean a key which opens more than one door in a portion of a University building;

(f) "Change Key" shall mean a key which opens a door within a University building;

(g) "Outside Door Key" shall mean a key which opens an exterior door of a University building;

(h) "Access Card" shall mean an ID card or similar object used in an electronic reader to permit access into a University building;

(i) "Access Level" shall mean the software control uses to determine time and place an access card holder may enter a University building or electronically-controlled door.

(2) Regulation of Keys and Access Cards:

(a) The issuance of all keys and assignment of card access levels to University facilities shall be subject to the provisions of this policy;

(b) The University Department of Public Safety shall be the sole source for the making, duplicating, manufacturing, or cutting of any University facility keys. The University ID card services shall be the sole source for making and duplicating "Access Cards". These departments or the departments' designees shall be subject to all the regulations in this policy and responsible for maintaining accurate key and access card inventory issuance, and return records as well as access information and access records;

(c) Persons to whom keys and access cards to University facilities are issued are prohibited from duplicating such keys and access cards;

(d) Persons violating the University key policy are subject to disciplinary sanctions;

(e) A three- or four-member Key Control Advisory Committee shall be appointed by the Vice-President for Administration each year. The committee shall serve from September to June. It shall review all department requests for multiple key issuance and perform other advisory functions outlined in the key control policy. It shall be advisory to the Vice-President for Administration. The Director of Public Safety shall act as staff advisor to the committee;

(f) Keys to University facilities may be issued to departments, University faculty, staff, graduate assistants and students, and to non-University persons authorized in writing by the appropriate dean, director or department head to have access to University facilities;

(g) Departments may request a consignment of change and outside door keys to be issued to and administered by the department for use limited within that department. This written request shall be reviewed by the Key Committee, which is authorized to grant, deny, or modify the request. The department request shall include statements to justify the need for the number of keys requested and shall outline how it plans to assure the proper use and control of keys placed in its custody. These keys may be acquired by department requisition. The department's administrative officer shall maintain accurate records of all keys issued to the department. Upon written request of the Director of Public Safety or the Director of Business Affairs, the department's administrative officer shall present a current accounting of all keys issued to the department. An annual accounting of keys shall be filed with the Director of Public Safety by June 30 of each year;

(h) An emergency key board shall be maintained by the Department of Public Safety and by the University Housing to be used by Public Safety or Physical Plant personnel in emergencies after normal business hours;

(i) The University Housing Director, subject to the regulations of this policy, shall be responsible for the issuance of keys for University housing and the maintenance of accurate key inventory, issuance and return records. An annual accounting of University Housing keys shall be filed with the Director of Public Safety by June 30 of each year.

(3) Conditions of Issuance:

(a) Grand master and master keys shall be issued only upon the written authorization of the Director of Public Safety or, in the case of keys issued to supervisory personnel in the Physical Plant, upon the written authorization of the Director of the Physical Plant;

(b) A sub-master key shall be issued only upon the written authorization of department head, director, dean, or the Director of the Physical Plant;

(c) A change key shall be issued only upon receipt of the standard key request authorization form issued by the University department to which key applicant is assigned;

(d) An outside door key shall be issued only upon receipt of the standard key request authorization form issued by a department head, director, dean, other administrative officer or designated representative.

(4) Conditions of Key Use:

(a) Any person or department issued University key(s) accepts the responsibility for promptly notifying the Department of Public Safety and the person's immediate supervisor in the event the key(s) disappears, is lost, stolen, or otherwise misplaced;

(b) If the loss, theft, disappearance or misplacement of a key requires the changing of a lock or locks, the cost of changing the lock(s) shall be borne by the responsible University department. Appeals for exception to this requirement may be made to the Key Control Advisory Committee;

(c) Authorized non-University persons, such as contractors on job sites, window washers, elevator maintenance personnel, etc., requiring short-term key access to University facilities shall obtain needed keys from the Department of Public Safety or the office of the Director of the Physical Plant after paying a deposit or a monetary consideration in the contract for services. Keys for such short-term access shall be issued for a specified time period and must be returned to the issuing office as specified;

(d) The University building inspector shall obtain any needed keys from the Department of Public Safety on the inspector's personal signature.

(5) Deposit:

(a) A deposit for the issuance of keys will be made at the time keys are obtained from the Department of Public Safety, deposit to be returned upon return of the key;

(b) Deposit fees and lost key replacement charges for grand master, master or sub-master keys are published annually in the Public Safety subsection of Special Fees, Fines, Penalties, Service Charges (OAR 571-060-0005).

(6) Sanctions:

(a) The University reserves the right to impose reasonable sanctions, including disciplinary actions upon persons violating the University key policy;

(b) The University Payroll office shall, upon written request of the Director of Public Safety, withhold from the paychecks of University employees the appropriate amount as listed in OAR 571-060-0005 for change of, unreturned or lost grand master, master or sub-master as well as outside door or dorm keys;

(c) Students who have not paid a deposit and who do not return issued keys as specified or upon demand shall be reported to the Director of Public Safety who may assess a fine. Appeals of the fine may be made to the Key Control Advisory Committee;

(d) When a key deposit in excess of $1 per key is required or the use of multiple keys is an integral part of a job, classified employees may elect to sign an agreement promising to return the key(s) upon demand or to authorize a deduction from their pay of an amount equal to the required deposit(s) if the key(s) are not returned.

Stat. Auth.: ORS 351 & ORS 352
Stats. Implemented: ORS 351.070
Hist.: UOO 15-1981, f. & cert. ef. 12-10-81; UOO 8-1991, f. 5-31-91, cert. ef. 6-1-91

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