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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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OREGON UNIVERSITY SYSTEM,
SOUTHERN OREGON UNIVERSITY

 

DIVISION 35

DISCRIMINATION

 

573-035-0005

Purpose

These rules state the policy of Southern Oregon University prohibiting discrimination in its education programs, services, facilities and activities. These rules do not apply to claims of discrimination in employment, promotion, tenure, or termination of employment of classified or unclassified employees. These rules do apply to student workers.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & OAR 580-15; Title VI and Title VII of the Civil Rights Act; Section 504 of the Rehabilitation Act of 1973; Americans with Disabilities Act of 1990; Equal Pay Act; Executive Order 11246; Age Discrimination Act of 1975.
Hist.: SOSC 9-1980, f. & ef. 11-19-80; SOSC 1-1993, f. & cert. ef. 2-19-93; SOU 2-2000, f. & cert. ef. 6-9-00

573-035-0010

Policy

No person shall be subjected to prohibited discrimination in any of Southern Oregon University's education programs or services or school or interschool activities. Those include but are not limited to admissions, recruitment, access to course offerings, counseling, use of facilities, financial assistance, employment assistance, health and insurance benefits and services, and athletics as defined by the rules of the State Board of Higher Education.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & OAR 580-15; Title VI and Title VII of the Civil Rights Act; Section 504 of the Rehabilitation Act of 1973; Americans with Disabilities Act of 1990; Equal Pay Act; Executive Order 11246; Age Discrimination Act of 1975.
Hist.: SOSC 9-1980, f. & ef. 11-19-80; SOSC 1-1993, f. & cert. ef. 2-19-93; SOU 1-1998, f. & cert. ef. 4-23-98; SOU 2-2000, f. & cert. ef. 6-9-00

573-035-0020

Definitions

For the purposes of OAR 573-035-0005 through 573-035-0080, the following definitions shall be used:

(1) Compliance Officer means the Associate Provost or other person designated by the Vice President for Academic Affairs and Provost or the President of the University.

(2) Grievance Officer means the chief student affairs officer or other person designated by the Vice President for Student Affairs or by the President.

(3) Prohibited Discrimination means any act that either in form or operation, whether intended or unintended, differentiates among persons on the basis of age, disability, national origin, race, color, martial status, religion, sex or sexual orientation.

(4) Sexual Harassment means any sexual advance, any request for sexual favors, or other verbal or physical conduct of a sexual nature when:

(a) Submission to the advances, request or conduct is made either explicitly or implicitly a term or condition of employment or participation in an academic program or activity;

(b) Submission or rejection of the advances, request or conduct is used as a basis or condition for employment or academic decisions affecting the student; or

(c) Such conduct unreasonably interferes with the work or academic performance of the student because it creates an intimidating, hostile or offensive work or academic environment for the student who is the object of the advance, request, or conduct, and a reasonable person in that student's position would have been similarly affected.

(5) Other Prohibited Harassment means verbal or physical conduct by an individual based on age, disability, national origin, race, color, marital status, religion, or sexual orientation, which creates an intimidating, hostile or offensive working or academic environment that interferes with a second individual's work or academic performance and a reasonable person in that same situation would have been similarly affected.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & 580-015; Title VI and Title VII of the Civil Rights Act; Section 504 of the Rehabilitation Act of 1973; Americans with Disabilities Act of 1990; Equal Pay Act; Executive Order 11246; Age Discrimination Act of 1975.
Hist.: SOU 2-2000, f. & cert. ef. 6-9-00; SOU 1-2005, f. & cert. ef. 4-11-05

573-035-0030

Informal Resolution of Grievances

A complainant under this Division is encouraged to attempt to resolve the complaint with the involved individual either directly or with the assistance of the Grievance Officer. Any member of the faculty or staff who receives information from a person indicating grounds for a discrimination complaint is urged to refer the person to the Grievance Officer.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & OAR 580-15; Title VI and Title VII of the Civil Rights Act; Section 504 of the Rehabilitation Act of 1973; Americans with Disabilities Act of 1990; Equal Pay Act; Executive Order 11246; Age Discrimination Act of 1975.
Hist.: SOU 2-2000, f. & cert. ef. 6-9-00

573-035-0040

Duties of Grievance Officer

(1) Informal Resolution of Grievances: The Grievance Officer helps complainants formulate and follow up complaints of alleged prohibited discrimination. The Grievance Officer may assist in conciliation and informal resolution of the grievance, if informal resolution appears possible and is desired by the complainant.

(2) Formal Complaints: If the complainant does not wish to pursue the complaint informally or attempted informal resolution is unsatisfactory, the grievant may submit the complaint in writing to the Compliance Officer. The Grievance Officer may assist the complainant in this process. Formal complaints must set out the specific facts of the complaint, including complainant’s suggested resolution of the matter, and be signed by the complainant. The complainant’s signature constitutes personal verification that the complaint is accurate and complete.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & OAR 580-015; Title VI and Title VII of the Civil Rights Act; Section 504 of the Rehabilitation Act of 1973; Americans with Disabilities Act of 1990; Equal Pay Act; Executive Order 11246; Age Discrimination Act of 1975.
Hist.: SOSC 1-1993, f. & cert. ef. 2-19-93; SOU 2-2000, f. & cert. ef. 6-9-00; SOU 1-2008, f. & cert. ef. 3-14-08

573-035-0050

Duties of Compliance Officer

(1) Receipt of Complaints: A complainant, either individually or through the Grievance Officer, pursues a formal complaint by submitting a written, signed complaint to the Compliance Officer. The Compliance Officer retains the original complaint and delivers copies of it to the President, the Chancellor of the Oregon University System and any individual respondents named in the complaint. To be considered a complaint must be submitted to the Compliance Officer within 180 days from the date of noncompliance, or 365 days from the date of noncompliance if the complaint alleges Sexual Harassment or Other Prohibited Harassment as defined by OAR 573-035-0020(3)(b) or (c).

(2) Investigation of Complaints: The Compliance Officer investigates the matters alleged in the complaint. Within 30 days of receiving the signed, written complaint, the President will provide a written decision based upon actions recommended by the Compliance Officer. The 30-day period for completion of the investigation may be extended for up to 30 additional days, upon application to the Chancellor.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & OAR 580-15; Title VI and Title VII of the Civil Rights Act; Section 504 of the Rehabilitation Act of 1973; Americans with Disabilities Act of 1990; Equal Pay Act; Executive Order 11246; Age Discrimination Act of 1975.
Hist.: SOSC 1-1993, f. & cert. ef. 2-19-93; SOU 1-1998, f. & cert. ef. 4-23-98; SOU 2-2000 f. & cert. ef. 6-9-00

573-035-0060

Report to the Chancellor

The President, or the Compliance Officer at the direction of the President, sends to the Chancellor and to the complainant a report of the investigation.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & OAR 580-15; Title VI and Title VII of the Civil Rights Act; Section 504 of the Rehabilitation Act of 1973; Americans with Disabilities Act of 1990; Equal Pay Act; Executive Order 11246; Age Discrimination Act of 1975.
Hist.: SOSC 1-1993, f. & cert. ef. 2-19-93; SOU 2-2000, f. & cert. ef. 6-9-00

573-035-0070

Retaliation Prohibited

No complainant or participant in any of the actions authorized under these administrative rules shall be subject to reprimand or retaliatory action by the University or its employees for their participation in those actions.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & OAR 580-15; Title VI and Title VII of the Civil Rights Act; Section 504 of the Rehabilitation Act of 1973; Americans with Disabilities Act of 1990; Equal Pay Act; Executive Order 11246; Age Discrimination Act of 1975.
Hist.: SOSC 1-1993, f. & cert. ef. 2-19-93; SOU 1-1998, f. & cert. ef. 4-23-98; SOU 2-2000, f. & cert. ef. 6-9-00

573-035-0080

Appeal to Chancellor

The complainant may appeal to the Chancellor in the manner and for the reasons provided in OAR 580-015-0105 to 580-015-0155.

Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070 & OAR 580-15; Title VI and Title VII of the Civil Rights Act; Section 504 of the Rehabilitation Act of 1973; Americans with Disabilities Act of 1990; Equal Pay Act; Executive Order 11246; Age Discrimination Act of 1975.
Hist.: SOSC 1-1993, f. & cert. ef. 2-19-93; SOU 2-2000, f. & cert. ef. 6-9-00

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

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