Chapter 352 — Public
Universities and Independent Institutions of Higher Education
2011 EDITION
INSTITUTIONS OF HIGHER EDUCATION
EDUCATION AND CULTURE
OREGON UNIVERSITY SYSTEM
352.002 Oregon
University System
352.004 Presidents
of public universities
352.006 Political
or sectarian tests prohibited in appointment of faculty or employees
352.008 Alcohol
and drug abuse policy and implementation plan
352.010 Status
of faculty
352.012 Authority
of Oregon University System to require fingerprints
352.015 Physical
access committees; members; duties
352.017 Contract
for disbursement of funds to students; personally identifiable information
352.021 Honorary
degrees for persons ordered to internment camp
UNIVERSITY OF OREGON
(Generally)
352.035 Streets
through university property; establishment and dedication
352.043 University
of Oregon School of Law
352.045 Oregon
State Museum of Anthropology
352.046 Center
for Brain, Biology and Machine
(Industrialized Housing Development
Program)
352.048 Industrialized
Housing Development Program created; administration
352.049 Program
objectives; fees; employees
352.051 Rulemaking
authority
352.052 Confidentiality
of information
352.053 Coordination
of wood product research, development or evaluation
PORTLAND STATE UNIVERSITY
352.063 Receipt
and disposition of funds received for programs
352.066 Mark
O. Hatfield School of Government; Criminal Justice Research and Policy
Institute
352.067 Oregon
Criminal Justice Scientific Advisory Committee
352.068 Center
for Lakes and Reservoirs
352.071 Graduate
School of Social Work
352.074 Institute
of Portland Metropolitan Studies
OREGON INSTITUTE OF TECHNOLOGY
352.221 Oregon
Renewable Energy Center
352.223 Oregon
Center for Health Professions
OREGON STATE UNIVERSITY
352.230 Oregon
State University designated as agricultural college of the state; Sea Grant
College; program in Veterinary Medicine
352.239 Institute
for Natural Resources
352.245 Oregon
Climate Service
352.247 Oregon
Climate Change Research Institute
PUBLIC UNIVERSITIES GENERALLY
352.355 Establishment
of certain public universities as comprehensive universities
352.360 Traffic
control on properties of public universities; rules; enforcement; fees; use
352.370 Students
unable because of religious beliefs to attend classes on certain days
352.375 Tuition
for nonresident students who served in Armed Forces
352.380 Affirmative
action plan; interview of qualified minority applicants
UNIVERSITY LAW ENFORCEMENT
352.383 University
police departments and officers; rules
352.385 Special
campus security officers; authority; training; expense
REGIONAL SERVICES INSTITUTES
352.390 Regional
services institutes; general program; location
352.400 Program
purpose and function
PUBLIC UNIVERSITY FINANCES
352.510 Account
for maintenance, use and support of University of Oregon; limitations on use
352.520 Loan
of moneys in account designated by ORS 352.510
352.530 Interest
on loans from account designated by ORS 352.510
352.560 Account
for endowment, maintenance and support of Oregon State University; limitations
on use
352.570 Loan
of moneys in account designated by ORS 352.560
352.580 Interest
on loans from account designated by ORS 352.560
352.610 J.T.
Apperson Agricultural College Educational Fund;
general powers and duties of trustee; rules
352.620 Execution
of instruments
352.650 Deposit
of Apperson and Burbank funds
POLICY ON INDEPENDENT INSTITUTIONS OF
HIGHER EDUCATION
352.665 Legislative
findings
352.667 Public
purpose to encourage and increase opportunities in independent higher education
352.669 Policies
and practices of state agencies and Oregon University System
352.672 State
financial aid for students
352.675 State
policies to enhance and encourage independent higher education
AID TO INDEPENDENT INSTITUTIONS
352.710 Policy
352.720 Definitions
for ORS 352.710 to 352.760
352.730 Contracts
with independent institutions for nonsectarian and nonreligious educational
services
352.740 Computation
of payments under contracts
352.750 Rules
352.760 Severability
FINANCE OF EDUCATION FACILITIES BY
MUNICIPALITY
352.790 Definitions
for ORS 352.790 to 352.820
352.795 Finance
of education facilities by municipalities
352.800 Powers
of municipality
352.805 Revenue
bonds; issuance; trust funds; pledge; terms; legal effect
352.810 Revenue
bonds secured by education facility revenues
352.815 Municipalities
acting jointly
352.820 Investment
of revenues
OREGON UNIVERSITY SYSTEM
352.002 Oregon University System.
The Oregon University System established in ORS 351.011 consists of the
following public universities under the jurisdiction of the State Board of
Higher Education:
(1)
University of Oregon.
(2)
Oregon State University.
(3)
Portland State University.
(4)
Oregon Institute of Technology.
(5)
Western Oregon University.
(6)
Southern Oregon University.
(7)
Eastern Oregon University. [1987 c.246 §1; 1995 c.162 §74; 1995 c.612 §§10,11;
1997 c.11 §1; 2001 c.382 §1; 2011 c.637 §58]
352.004 Presidents of public universities.
The president of each public university within the Oregon University System is
also president of the faculty. The president is also the executive and
governing officer of the public university, except as otherwise provided by
statute or action of the State Board of Higher Education. Subject to the
supervision of the board, the president of the public university has authority
to control and give general directions to the practical affairs of the public
university. [Formerly 352.020; 2005 c.22 §249; 2011 c.637 §238]
352.006 Political or sectarian tests
prohibited in appointment of faculty or employees.
No political or sectarian test shall ever be allowed or applied in the
appointment of faculty and other employees of the Oregon University System. [Formerly
352.030]
352.008 Alcohol and drug abuse policy and
implementation plan. In consultation with the Oregon
Health Authority and the Alcohol and Drug Policy Commission, each public
university listed in ORS 352.002 shall adopt a comprehensive alcohol and drug
abuse policy and implementation plan. [1989 c.1076 §3; 2009 c.595 §223; 2011
c.637 §239; 2011 c.673 §9]
352.010 Status of faculty.
The president and professors constitute the faculty of each of the public
universities listed in ORS 352.002 and as such have the immediate government
and discipline of the public university and the students therein, except as
otherwise provided by statute or action of the State Board of Higher Education.
The faculty may, subject to the supervision of the board under ORS 351.070,
prescribe the course of study to be pursued in the public university and the
textbooks to be used. [Amended by 1987 c.246 §4; 1989 c.492 §3; 2011 c.637 §59]
352.012 Authority of Oregon University
System to require fingerprints. For the
purpose of requesting a state or nationwide criminal records check under ORS
181.534, the Oregon University System may require the fingerprints of a person
who:
(1)(a)
Is employed or applying for employment by the Oregon University System; or
(b)
Provides services or seeks to provide services to the Oregon University System
as a contractor or volunteer; and
(2)
Is, or will be, working or providing services in a position that is designated
as a critical or security-sensitive position. As used in this subsection, “critical
or security-sensitive position” means a position in which the person:
(a)
Has direct access to persons under 18 years of age or to student residence
facilities because the person’s work duties require the person to be present in
the residence facility;
(b)
Is providing information technology services and has control over, or access
to, information technology systems that would allow the person to harm the
information technology systems or the information contained in the systems;
(c)
Has access to information, the disclosure of which is prohibited by state or
federal laws, rules or regulations or information that is defined as
confidential under state or federal laws, rules or regulations;
(d)
Has access to property where chemicals, hazardous materials and other items
controlled by state or federal laws or regulations are located;
(e)
Has access to laboratories, nuclear facilities or utility plants to which
access is restricted in order to protect the health or safety of the public;
(f)
Has fiscal, financial aid, payroll or purchasing responsibilities as one of the
person’s primary responsibilities; or
(g)
Has access to personal information about employees or members of the public
including Social Security numbers, dates of birth, driver license numbers, medical
information, personal financial information or criminal background information.
[2005 c.730 §71]
Note:
352.012 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 352 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
352.015 Physical access committees;
members; duties. (1) Each public university
listed in ORS 352.002 shall convene a physical access committee to identify
barriers to access by persons with disabilities on the campus of each public
university. The committee shall include, but not be limited to:
(a)
One or more students with disabilities or, if there are no students with
disabilities willing to participate, a person with a disability who uses the
public university’s facilities;
(b)
One or more members of the faculty or staff who have disabilities;
(c)
The coordinator of services for students with disabilities for the public
university;
(d)
One or more administrators of the public university; and
(e)
One or more members of the physical plant staff of the public university.
(2)
The physical access committee shall present its findings and recommendations to
the administration of the public university listing access needs and priorities
for meeting those needs. These findings and recommendations shall identify the
barriers to access that prevent persons with disabilities from meaningfully
utilizing campus facilities related to instruction, academic support, assembly
and residence life.
(3)
In preparing funding requests for each biennium, each public university shall
include amounts for capital improvement that will be applied to the substantial
reduction and eventual elimination of barriers to access by persons with
disabilities as identified by the physical access committee.
(4)
Nothing in this section and ORS 185.155 and 341.937 requires a public
university to undertake projects for accessibility that are not otherwise
required unless such projects are funded specifically by the Legislative
Assembly. [1991 c.935 §§1,2; 2007 c.70 §147; 2011 c.637 §240]
Note:
352.015 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 352 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
352.017 Contract for disbursement of funds
to students; personally identifiable information.
(1) As used in this section, “personally identifiable information” means a
student’s Social Security number and gender or a student’s Social Security
number and date of birth.
(2)
A public university listed in ORS 352.002 may enter into a contract with a
private contractor to provide the service of facilitating the disbursement of
funds to students. If a student’s personally identifiable information is
necessary to administer the disbursement of funds under the contract, the
public university:
(a)
Shall obtain from a student a written election to receive the contracted
services;
(b)
Shall provide any alternative method of disbursement of funds at no additional
cost to a student who does not elect to receive those services from a private
contractor;
(c)
May not release to a private contractor personally identifiable information
about a student who elects to receive disbursement services from the private
contractor without first obtaining from the student a written consent to
release the personally identifiable information; and
(d)
Shall provide to a student a written description of the purposes for which a
private contractor may use the student’s personally identifiable information. [2005
c.363 §1; 2011 c.637 §241]
Note:
352.017 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 352 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
352.020
[Amended by 1987 c.246 §2; renumbered 352.004 in 1987]
352.021 Honorary degrees for persons ordered
to internment camp. (1) As used in this section, “internment
camp” means a relocation center to which persons were ordered evacuated by
Presidential Executive Order 9066, signed on February 19, 1942.
(2)
A person who meets the requirements of subsection (4) of this section may
request a public university listed in ORS 352.002 to award the person an
honorary post-secondary degree.
(3)
A representative of a deceased person who meets the requirements of subsection
(4) of this section may request a public university to award an honorary
post-secondary degree on behalf of the deceased person.
(4)
Notwithstanding the requirements for a post-secondary degree established by a
public university or by the State Board of Higher Education, a public
university that receives a request under subsection (2) or (3) of this section
may award an honorary post-secondary degree to a person, or on behalf of a
deceased person, who:
(a)
Was a student at the public university in 1942; and
(b)
Did not graduate from the public university because the person was ordered to
an internment camp. [2007 c.244 §1; 2011 c.637 §242]
Note:
352.021 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 352 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
352.030
[Amended by 1987 c.246 §3; renumbered 352.006 in 1987]
UNIVERSITY OF OREGON
(Generally)
352.035 Streets through university
property; establishment and dedication. The State
Board of Higher Education may open, establish, lay out and dedicate to the
public use such streets through the lands situated within the corporate limits
of the City of Eugene, owned by or belonging to the University of Oregon, upon
such terms and conditions as may be agreed upon by the State Board of Higher
Education and the common council of the City of Eugene. When such streets are
so opened, laid out and established, they hereby are declared to be dedicated
to the public use and are further declared to be public streets of the City of
Eugene. [Formerly 352.080; 2005 c.22 §250]
352.040
[Repealed by 1961 c.238 §1]
352.043 University of Oregon School of Law.
(1) There is created within the Oregon University System the University of
Oregon School of Law. The school shall be administered by the University of
Oregon.
(2)
The University of Oregon School of Law shall:
(a)
Prepare students for careers in the legal profession.
(b)
Perform the duties required of the school under ORS 36.100 to 36.238.
(3)
The president of the University of Oregon shall appoint the Dean of the University
of Oregon School of Law. [2003 c.791 §§31,31a; 2005 c.817 §7; 2009 c.762 §71]
Note:
352.043 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 352 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
352.045 Oregon State Museum of
Anthropology. (1) The anthropological collections at
the University of Oregon are designated and established as the Oregon State
Museum of Anthropology. The Oregon State Museum of Anthropology is designated
as the official depository for any material of an archaeological or
anthropological nature that may come into the possession of the State of Oregon
through the operation of ORS 358.935, 390.235 or 390.237 or as a consequence of
gifts from the federal government, the Smithsonian Institution or from other
public or private agencies. The University of Oregon, through the director of
the Oregon State Museum of Anthropology, shall assume full responsibility for
the custody and safekeeping of said collection. If responsibility for a
collection is reassigned under ORS 390.235, the Oregon State Museum of
Anthropology shall serve as the ultimate depository in the event the assigned
curator is unable or fails to continue that responsibility.
(2)
ORS 390.235 or 390.237 or this section shall not interfere with any collections
now in the possession of any institution of higher learning in Oregon, nor
prevent any private person making a gift of any collection owned by the person
directly to any institution. [Formerly 352.090; 1987 c.246 §5; 2005 c.22 §251]
352.046 Center for Brain, Biology and
Machine. (1) Pursuant to ORS 351.870, there is
created within the Oregon University System the Center for Brain, Biology and
Machine. The center shall be administered by the University of Oregon.
(2)
The purpose of the center is to promote interdisciplinary teaching and research
in scientific areas, including but not limited to brain structure, development
and functions, genetics and genomics, cognitive neuroscience, molecular
biology, computational science, computing, magnetic resonance imaging and
optics.
(3)
The Oregon University System may receive moneys from any public or private
source to support the Center for Brain, Biology and Machine created under
subsections (1) and (2) of this section. Gifts or grants received to support
the center shall be deposited in an appropriate fund at the University of
Oregon by the Oregon University System. [1999 c.992 §§5,6; 2009 c.762 §72]
Note: 352.046
(3) was enacted into law by the Legislative Assembly but was not added to or
made a part of ORS chapter 352 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.
(Industrialized Housing Development
Program)
352.048 Industrialized Housing Development
Program created; administration. (1) There is
created within the Oregon University System the Industrialized Housing
Development Program. The program shall be administered in conjunction with the
Center for Housing Innovation at the University of Oregon.
(2)
The purpose of the program is to provide assistance to industrialized housing
manufacturers to help them achieve demonstrated best practice by researching,
evaluating and disseminating information on opportunities to improve design
technology, including but not limited to:
(a)
Methods to improve the affordability of housing;
(b)
Better utilization of new products in industrialized housing;
(c)
Improving the energy efficiency of industrialized housing; and
(d)
Specialized training for workers and management. [1991 c.853 §1; 2009 c.762 §73]
Note:
352.048 to 352.053 were enacted into law by the Legislative Assembly but were
not added to or made a part of any series in ORS chapter 352 by legislative
action. See Preface to Oregon Revised Statutes for further explanation.
352.049 Program objectives; fees;
employees. (1) In fulfilling the purpose described
in ORS 352.048, the Industrialized Housing Development Program shall:
(a)
Emphasize client-directed problem solving with the planning and design of
appropriate design technologies;
(b)
Provide or arrange for the provision of management assistance, specialized
training for workers and other consulting services;
(c)
Supplement the design skills and expertise of program staff by developing
relations with experts who may work in a consulting role;
(d)
Research new and developing design technology in the United States and overseas
with the purpose of adapting proven technologies and management practices to
Oregon conditions; and
(e)
Disseminate research findings to all interested firms throughout the
industrialized housing industry.
(2)
The Industrialized Housing Development Program shall establish a schedule of
fees for the services it provides. The program may establish a minimum level of
service for which it does not charge fees.
(3)
The Industrialized Housing Development Program may hire individuals on a
contract basis, to provide either full-time or part-time staffing. However,
employees of the program shall not be considered tenured employees of the
Oregon University System. [1991 c.853 §§2,3,4; 2009 c.762 §74]
Note: See
note under 352.048.
352.050
[Repealed by 1973 c.729 §17]
352.051 Rulemaking authority.
The State Board of Higher Education shall adopt rules necessary to carry out
the provisions of ORS 352.048 to 352.053. [1991 c.853 §5]
Note: See
note under 352.048.
352.052 Confidentiality of information.
Any information obtained by the Industrialized Housing Development Program relating
to an industrialized housing firm shall remain confidential to the extent that
the information identifies an industrialized housing firm. The information
shall remain confidential for a period of time to be prescribed by rule and
then shall become public information. [1991 c.853 §6]
Note: See
note under 352.048.
352.053 Coordination of wood product
research, development or evaluation. Any research,
development or evaluation of wood products by the Industrialized Housing
Development Program shall be coordinated by the Center for Housing Innovation
through the Oregon State University Forest Research Laboratory and Forest
Products Extension Service. [1991 c.853 §7]
Note: See
note under 352.048.
352.055 [1973
c.729 §16; 1975 c.693 §3; 1981 c.144 §1; 1987 c.246 §7; repealed by 1995 c.162 §94]
352.058 [1977
c.773 §§1,2,3; repealed by 1987 c.246 §8]
352.060
[Amended by 1969 c.597 §57; repealed by 1975 c.693 §21]
PORTLAND STATE UNIVERSITY
352.063 Receipt and disposition of funds
received for programs. The Oregon University System may
receive moneys from any public or private source to support the Mark O.
Hatfield School of Government, the Center for Lakes and Reservoirs, the
Graduate School of Social Work or the Institute of Portland Metropolitan Studies
created under ORS 352.066, 352.068, 352.071 and 352.074. Gifts and grants
received to support the Mark O. Hatfield School of Government, the Center for
Lakes and Reservoirs, the Graduate School of Social Work or the Institute of
Portland Metropolitan Studies shall be credited to the appropriate fund at
Portland State University by the Oregon University System. [2001 c.140 §6; 2009
c.762 §75]
352.065 [1959
c.97 §§1,2; 1983 c.740 §116; repealed by 1987 c.246 §8]
352.066 Mark O. Hatfield School of Government;
Criminal Justice Research and Policy Institute.
(1) Pursuant to ORS 351.870, there is created within the Oregon University
System the Mark O. Hatfield School of Government. The Mark O. Hatfield School
of Government shall be administered by Portland State University. The president
of Portland State University shall appoint the director of the Mark O. Hatfield
School of Government.
(2)
The purposes of the Mark O. Hatfield School of Government are:
(a)
To prepare students for careers in political service, public administration and
the administration of justice;
(b)
To perform the duties required of the school under ORS 36.179, 183.502 and
390.240; and
(c)
To assist the Criminal Justice Research and Policy Institute in carrying out
the duties under subsection (3) of this section.
(3)
There is created within the Mark O. Hatfield School of Government the Criminal
Justice Research and Policy Institute. The institute may assist the Legislative
Assembly and state and local governments in developing policies to reduce crime
and delinquency by:
(a)
Providing the Legislative Assembly with objective, nonpartisan analyses of
existing or proposed state criminal justice policies, which analyses may not be
inconsistent with state or federal law or the Oregon or United States
Constitution;
(b)
Evaluating programs, including but not limited to programs dealing with public
safety professionalism, ethics in leadership and childhood development, funded
directly or indirectly by the State of Oregon that are intended to reduce
criminal and delinquent behavior or to improve professionalism in public safety
careers;
(c)
Managing reviews and evaluations relating to major long-term issues confronting
the state involving criminal and juvenile justice, public safety professionalism,
ethics in leadership and early childhood development programs;
(d)
Initiating, sponsoring, conducting and publishing research on criminal and
juvenile justice, public safety professionalism, ethics in leadership and early
childhood development that is peer reviewed and directly useful to
policymakers;
(e)
Organizing conferences on current state issues that bring together
policymakers, public agencies and leading academicians; and
(f)
Seeking to strengthen the links among the Legislative Assembly, state and local
governments, the Oregon Criminal Justice Commission, the Department of Public
Safety Standards and Training and the academic community in the interest of
more informed policymaking, the application of best practices and more relevant
academic research.
(4)
The Governor, the Chief Justice of the Supreme Court, the President of the
Senate, the Speaker of the House of Representatives or the chairperson of a
legislative committee with responsibility over criminal or juvenile justice
systems or childhood development programs may request the assistance of the
Criminal Justice Research and Policy Institute in evaluating criminal or
juvenile justice programs developed for, but not necessarily limited to,
preventing delinquency, reducing crime and improving professionalism in public
safety careers.
(5)
Agencies, departments and officers of state and local governments may assist
the Criminal Justice Research and Policy Institute in the performance of its
functions and furnish information, data and advice as requested by the
institute. [2001 c.140 §2; 2003 c.791 §§30,30a; 2005 c.453 §§1,2; 2005 c.817 §8;
2009 c.762 §76; 2011 c.595 §103]
352.067 Oregon Criminal Justice Scientific
Advisory Committee. The Oregon Criminal Justice
Scientific Advisory Committee is established to provide assistance and advice
to the Criminal Justice Research and Policy Institute. The director of the Mark
O. Hatfield School of Government shall appoint the members of the advisory
committee. In order to serve as a member of the advisory committee, a person
must have earned a graduate degree in a related field from an accredited
university. [2005 c.453 §3]
Note:
352.067 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 352 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
352.068 Center for Lakes and Reservoirs.
(1) Pursuant to ORS 351.870, there is created within the Oregon University
System the Center for Lakes and Reservoirs. The Center for Lakes and Reservoirs
shall be administered by Portland State University.
(2)
The purpose of the Center for Lakes and Reservoirs is to assist state and
federal agencies in researching and mitigating nonindigenous,
invasive aquatic species in this state and to work with communities in
developing effective management of lakes and reservoirs. [2001 c.140 §3; 2009
c.762 §77]
352.070
[Repealed by 1961 c.238 §1]
352.071 Graduate School of Social Work.
(1) Pursuant to ORS 351.870, there is created within the Oregon University
System the Graduate School of Social Work. The Graduate School of Social Work
shall be administered by Portland State University.
(2)
The purpose of the Graduate School of Social Work is to provide a center for
specialized education and research in the social services for the betterment of
communities in the Portland metropolitan area, the state and the Pacific
Northwest. [2001 c.140 §4; 2009 c.762 §78]
352.073 [1985
c.770 §12; 1995 c.162 §76; renumbered 353.460 in 1995]
352.074 Institute of Portland Metropolitan
Studies. (1) Pursuant to ORS 351.870, there is
created within the Oregon University System the Institute of Portland
Metropolitan Studies. The Institute of Portland Metropolitan Studies shall be
administered by Portland State University.
(2)
The purpose of the Institute of Portland Metropolitan Studies is to build
partnerships between Portland State University’s urban studies programs and the
surrounding communities of metropolitan Portland and to sponsor public service
research. [2001 c.140 §5; 2009 c.762 §79]
352.075 [1967
c.539 §§1,2; repealed by 1975 c.693 §21]
352.077 [1985
c.770 §14; 1987 c.879 §14; repealed by 1995 c.162 §94]
352.080
[Renumbered 352.035]
352.083 [1985
c.770 §18; 1995 c.162 §78; renumbered 353.470 in 1995]
352.090
[Renumbered 352.045]
352.095 [1989
c.893 §8; 1991 c.947 §11; renumbered 353.450 in 1995]
352.100
[Amended by 1957 c.595 §1; 1975 c.693 §4; 1983 c.740 §116a; repealed by 1987
c.246 §8]
352.110
[Amended by 1975 c.693 §5; repealed by 1987 c.246 §8]
352.120
[Amended by 1975 c.693 §6; repealed by 1987 c.246 §8]
352.130
[Repealed by 1987 c.246 §8]
352.140
[Amended by 1983 c.740 §117; repealed by 1987 c.246
§8]
352.150
[Amended by 1969 c.597 §58; repealed by 1987 c.246 §8]
352.160
[Repealed by 1961 c.238 §1]
352.165 [1973
c.644 §1; repealed by 1987 c.246 §8]
352.167 [1973
c.644 §2; repealed by 1987 c.246 §8]
352.170
[Repealed by 1957 c.595 §3]
352.173 [1973
c.644 §3; repealed by 1987 c.246 §8]
352.175 [1973
c.644 §4; repealed by 1987 c.246 §8]
352.180
[Repealed by 1957 c.595 §3]
352.185
[Amended by 1957 c.595 §2; repealed by 1961 c.238 §1]
352.190
[Amended by 1953 c.720 §3; repealed by 1955 c.12 §5]
352.195 [1955
c.12 §§1,3,4; 1969 c.6 §1; 1977 c.144 §1; repealed by 1987 c.246 §8]
352.200
[Amended by 1953 c.720 §3; repealed by 1955 c.12 §5]
352.201 [1959
c.566 §1; 1973 c.70 §2; repealed by 1987 c.246 §8]
352.205 [1959
c.566 §3; repealed by 1987 c.246 §8]
352.210
[Repealed by 1955 c.12 §5]
352.211 [1959
c.622 §1; repealed by 1977 c.64 §1]
352.215 [1959
c.674 §§1,2; repealed by 1977 c.64 §1]
352.220
[Repealed by 1955 c.12 §5]
OREGON INSTITUTE OF TECHNOLOGY
352.221 Oregon Renewable Energy Center.
(1) Pursuant to ORS 351.870, there is created within the Oregon University
System the Oregon Renewable Energy Center. The Oregon Renewable Energy Center
shall be administered by the Oregon Institute of Technology.
(2)
The purpose of the Oregon Renewable Energy Center is to engage in renewable
energy system engineering and applied research.
(3)
The Oregon University System may receive moneys from any public or private
source to support the Oregon Renewable Energy Center. Gifts and grants received
to support the Oregon Renewable Energy Center shall be credited to the
appropriate fund at the Oregon Institute of Technology by the Oregon University
System. [2001 c.818 §2; 2009 c.762 §80]
352.223 Oregon Center for Health
Professions. (1) As used in this section:
(a)
“Allied health education programs” includes, but is not limited to:
(A)
Radiologic science;
(B)
Nuclear medicine;
(C)
Sonography;
(D)
Vascular technology;
(E)
Dental hygiene;
(F)
Respiratory care;
(G)
Clinical laboratory sciences; and
(H)
Emergency medical services provider education.
(b)
“Allied health education programs” does not include any undergraduate or
graduate nursing program administered by Oregon Health and Science University.
(2)
There is created within the Oregon University System the Oregon Center for Health
Professions. The Oregon Center for Health Professions shall be administered by
the Oregon Institute of Technology.
(3)
The purposes of the Oregon Center for Health Professions are to:
(a)
Provide continued development of bachelor’s degree level education programs in
areas of allied health;
(b)
Facilitate the creation of new partnerships between the health care industry
and community colleges, private institutions of higher education and public
universities listed in ORS 352.002 in order to increase the number of students
and graduates in allied health education programs;
(c)
Provide continuing education, professional development and certificate programs
for allied health care professionals; and
(d)
Align with and complement educational partnerships between the Oregon Institute
of Technology and Oregon Health and Science University focusing on allied
health education programs.
(4)
The Oregon University System may receive moneys from any public or private
source to support the Oregon Center for Health Professions. Gifts and grants
received to support the Oregon Center for Health Professions shall be credited
to the appropriate fund at the Oregon Institute of Technology by the Oregon
University System. [2005 c.548 §1; 2009 c.762 §81; 2011 c.637 §243; 2011 c.703 §32]
Note:
352.223 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 352 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
OREGON STATE UNIVERSITY
352.230 Oregon State University designated
as agricultural college of the state; Sea Grant College; program in Veterinary
Medicine. (1) Oregon State University is
designated and permanently adopted as the agricultural college of the state and
shall provide, in accordance with the objectives sought by Congress in the
establishment of state agricultural colleges, instruction in agriculture and
the mechanic arts. The university is also a Sea Grant College dedicated to
education and research in the marine sciences.
(2)
The State Board of Higher Education is authorized to enter into agreements with
its counterpart in the State of Idaho and with the Board of Regents of
Washington State University for cooperative development of the program in Veterinary
Medicine. [Amended by 1953 c.362 §1; 1961 c.54 §1; 1987 c.246 §6]
352.239 Institute for Natural Resources.
(1) There is created within the Oregon University System the Institute for
Natural Resources. The Institute for Natural Resources shall be administered by
Oregon State University and other institutions in the Oregon University System.
(2)
The Institute for Natural Resources shall serve the following purposes:
(a)
Serve as a clearinghouse for scientifically based natural resources
information.
(b)
Provide scientifically based natural resources information to the public in
integrated and accessible formats.
(c)
Coordinate efforts with other state agencies and bodies to provide natural
resources information to the public in a comprehensive manner.
(d)
Facilitate and conduct research.
(e)
Provide information and technical tools to assist decision-making on natural
resources issues.
(f)
Assist the State Parks and Recreation Commission in carrying out the Natural
Areas Program by maintaining a data bank that contains a classification of
natural heritage resources and an inventory of the locations of the resources.
At a minimum, the institute shall record in the data bank the location of state
natural areas, the natural heritage resources in those areas, sites that are
inhabited by rare species, and lists that rank by rarity species, plant
communities and ecosystem types. The institute shall make the information
included in the data bank available to private landowners, researchers and
local, state and federal agencies.
(g)
Assist the State Parks and Recreation Department in carrying out the Natural
Areas Program by reviewing and providing recommendations on proposals for
registration and dedication of natural areas.
(3)
When making observations on private land, an employee of an institution in the
Oregon University System who is compiling information for the Natural Areas
Program pursuant to subsection (2)(f) of this section must obtain permission
from the landowner before entering the information into the data bank.
(4)
Using existing resources, state agencies designated by the Governor shall enter
into a memorandum of understanding, or other agreement deemed appropriate by
the Governor, with the institute that defines and clarifies the roles and
responsibilities of the agencies in order to prevent duplication of effort and
to ensure that agency resources are used efficiently.
(5)
State agencies may contract with the institute to fulfill agency needs
regarding the collection, storage, integration, analysis, dissemination and
monitoring of natural resources information and natural resources research and
training. [2001 c.918 §12; 2003 c.661 §3; 2009 c.217 §11; 2009 c.762 §82; 2011
c.319 §18]
Note:
352.239 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 352 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
352.240
[Repealed by 1987 c.246 §8]
352.245 Oregon Climate Service.
(1) There is established an Oregon Climate Service to be located at Oregon
State University. The service shall acquire, maintain, disseminate and
interpret climate data and information for the state.
(2)
The service shall:
(a)
Assess the needs for weather and climate information in Oregon and establish
priorities among the needs.
(b)
Perform a service to citizens of Oregon by managing climate data for the state,
and by disseminating such data and information to users.
(c)
Assist in the coordination of existing activities within the state and among
neighboring states.
(d)
Advise regional, state and local government on climate related issues.
(e)
Assist students and faculty in the Oregon University System by furnishing data
and information needed in education and research programs.
(f)
Study and analyze the relationships between climatic phenomena and activities
in areas such as agriculture, water resources, energy production and use, air
quality, building design and construction, transportation and communication, and
business and commerce.
(g)
Identify emerging climatic issues and anticipate public demand for information.
(h)
Inform state, federal and private groups and the public on the availability and
sources of climate-related services, information and data. [1991 c.727 §1]
352.247 Oregon Climate Change Research
Institute. (1) There is created within the Oregon
University System the Oregon Climate Change Research Institute. The institute
shall be administered by Oregon State University and institutional partners
within the Oregon University System.
(2)
The purpose of the Oregon Climate Change Research Institute is to:
(a)
Facilitate research by Oregon University System faculty on climate change and
its effects on natural and human systems in Oregon;
(b)
Serve as a clearinghouse for climate change information;
(c)
Provide climate change information to the public in integrated and accessible
formats;
(d)
Support the Oregon Global Warming Commission in developing strategies to
prepare for and to mitigate the effects of climate change on natural and human
systems; and
(e)
Provide technical assistance to local governments to assist them in developing
climate change policies, practices and programs.
(3)
The Oregon Climate Change Research Institute shall assess, at least once each
biennium, the state of climate change science, including biological, physical
and social science, as it relates to Oregon and the likely effects of climate
change on the state. The institute shall submit the assessment to the Legislative
Assembly in the manner provided in ORS 192.245 and to the Governor.
(4)
State agencies may contract with the Oregon Climate Change Research Institute
to fulfill agency needs regarding the collection, storage, integration,
analysis, dissemination and monitoring of climate change information, research
and training. [2007 c.907 §15; 2009 c.762 §83]
Note:
352.247 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 352 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
352.250
[Repealed by 1961 c.238 §1]
352.260
[Repealed by 1987 c.246 §8]
352.270
[Repealed by 1983 c.740 §118]
352.275 [1967
c.349 §1; repealed by 1987 c.246 §8]
352.280
[Repealed by 1959 c.564 §16]
352.285 [1975
c.528 §§1,2; repealed by 1987 c.246 §8]
352.290
[Amended by 1961 c.127 §1; 1975 c.76 §1; 1977 c.152 §1; 1981 c.72 §1; repealed
by 1987 c.246 §8]
352.300
[Amended by 1953 c.721 §3; 1977 c.152 §2; repealed by 1987 c.246 §8]
352.310
[Repealed by 1959 c.570 §3]
352.320
[Repealed by 1953 c.721 §3]
352.330
[Repealed by 1961 c.238 §1]
352.340
[Repealed by 1987 c.246 §8]
352.350
[Repealed by 1961 c.238 §1]
PUBLIC UNIVERSITIES GENERALLY
352.355 Establishment of certain public
universities as comprehensive universities.
Western Oregon University, Southern Oregon University and Eastern Oregon
University are established as comprehensive universities that offer a full
range of baccalaureate programs and graduate programs through the master’s
degree. [1997 c.11 §3]
352.360 Traffic control on properties of
public universities; rules; enforcement; fees; use.
(1) The State Board of Higher Education may enact such regulations as the board
deems convenient or necessary to provide for the policing, control and
regulation of traffic and parking of vehicles on the property of any public
university listed in ORS 352.002. The regulations may provide for the
registration of vehicles, the designation of parking areas and the assessment
and collection of reasonable fees and charges for parking. The board may
require that before a quarterly or yearly parking privilege for any vehicle is
granted to any full-time or part-time student to use board property, the
student must show that the vehicle is operated by a student holding a valid
driver license, that the vehicle is currently registered and that the student
driving the vehicle is insured under a motor vehicle liability insurance policy
that meets the requirements described under ORS 806.080 or that the student or
owner of the vehicle has provided the Department of Transportation with other
satisfactory proof of compliance with the financial responsibility requirements
of this state.
(2)
The regulations enacted pursuant to subsection (1) of this section shall be
enforced administratively under procedures adopted by the board for each public
university. Administrative and disciplinary sanctions may be imposed upon
students, faculty and staff for violation of the regulations, including but not
limited to, a reasonable monetary penalty which may be deducted from student
deposits, and faculty or staff salaries or other funds in the possession of the
public university. The board shall provide opportunity for hearing for the
determination of controversies in connection with imposition of fines or
penalties. The board may prescribe procedures for such hearings despite the
provisions of ORS 183.413 to 183.470. Persons other than students, faculty or
staff may voluntarily submit to the hearing procedures prescribed by the board,
and shall be bound by the results of the hearing. The powers granted to the
board by this section are supplemental to the existing powers of the board with
respect to the government of activities of students, faculty and staff and the
control and management of property under its jurisdiction.
(3)
The regulations enacted pursuant to subsection (1) of this section may also be
enforced by the impoundment of vehicles, and a reasonable fee may be enacted
for the cost of impoundment and storage, if any, prior to the release of the
vehicles to their owners.
(4)
All fees and charges for parking privileges and violations are deposited in a
designated account in the Oregon University System Fund established by ORS
351.506 for the purpose of defraying the costs of constructing bicycle racks
and bicycle lanes and of traffic control, enforcement of traffic and parking
regulations and maintenance and operation of parking facilities and for the
purpose of acquiring and constructing additional parking facilities for
vehicles at the various public universities and offices, departments and
activities under the control of the board. Fees and charges may also be
credited to the account in the Oregon University System Fund designated by ORS
351.460. Parking fees shall be established at levels no greater than those
required to finance the construction, operation and maintenance of parking
facilities on the same campus of the public university for which the parking is
provided. Notwithstanding ORS 351.072, parking fees or changes in fees shall be
adopted by rule of the board subject to the procedure for rules adopted in ORS
chapter 183.
(5)
Every peace officer may enforce the regulations made by the board under
subsection (1) of this section. The board, for the purpose of enforcing its
rules and regulations governing traffic control, may appoint peace officers who
have the same authority as other peace officers as defined in ORS 133.005.
(6)
The board and any municipal corporation or any department, agency or political
subdivision of this state may enter into agreements or contracts with each
other for the purpose of providing a uniform system of enforcement of the rules
and regulations of the board enacted pursuant to subsection (1) of this section.
(7)
In proceedings brought to enforce regulations enacted pursuant to subsection
(1) of this section, it shall be sufficient to charge the defendant by an
unsworn written notice in accordance with the provisions of ORS 221.333. In any
case in which the defendant is not subject to and does not voluntarily submit
to the hearing procedures prescribed under subsection (2) of this section,
proceedings to enforce regulations enacted pursuant to subsection (1) of this
section shall be brought in the name of the board in a circuit court, a justice
court or a city court for offenses committed within the territorial
jurisdiction of such court. Such courts shall have concurrent jurisdiction over
offenses committed within their respective jurisdictions. All fines, penalties
and court costs recovered shall be paid to the clerk of the court involved and
shall be disposed of as provided in ORS 153.640 to 153.680. [1959 c.569 §§1,2,3,4,5;
1969 c.622 §1; 1971 c.734 §22; 1973 c.836 §347; 1975 c.693 §7; 1977 c.825 §1;
1983 c.186 §1; 1989 c.990 §2; 1993 c.221 §3; 1995 c.79 §194; 1995 c.658 §103;
1999 c.448 §9; 2007 c.288 §15; 2009 c.762 §28; 2011 c.597 §133; 2011 c.637 §244]
352.370 Students unable because of
religious beliefs to attend classes on certain days.
(1) As used in this section, “school of higher education” means:
(a)
Any public university listed in ORS 352.002.
(b)
Any community college as defined in ORS 341.005.
(2)
No student shall be refused admission to a school of higher education or be
expelled from such a school for the sole reason that, because of religious
beliefs, the student is unable to attend classes on a particular day.
(3)
Any student in a school of higher education who, because of religious beliefs,
is unable to attend classes on a particular day shall be excused on that day
from any examination, study requirement or work requirement. However, at the
student’s own expense the student shall make up the examination, study
requirement or work requirement missed because of the absence. [Formerly 351.765;
1965 c.100 §347; 1993 c.45 §294; 2011 c.637 §245]
352.375 Tuition for nonresident students who
served in Armed Forces. (1) A public university listed
in ORS 352.002 or a community college shall charge an enrolled student who is
not a resident of this state and who is attending classes as an undergraduate
on a public university or community college campus in this state tuition and
fees no greater than the resident rate plus 50 percent of the difference
between the resident rate and the nonresident rate if the student served in the
Armed Forces of the United States and was relieved or discharged from that
service under honorable conditions.
(2)
Every public university listed in ORS 352.002 and community college in this
state shall participate to the fullest extent allowed in the federal
educational assistance programs under the Supplemental Appropriations Act of
2008 (P.L. 110-252) so as to reduce the overall tuition rate for students
eligible for tuition rate reduction under subsection (1) of this section to the
resident tuition rate.
(3)
A person who served in the Armed Forces of the United States and who receives
federal tuition benefits in excess of the tuition and fees the person is
charged under subsection (1) of this section at a public university listed in
ORS 352.002 or a community college where the person is enrolled shall pay
tuition and fees equal to the federal tuition benefits received.
(4)
Distance education and self-support courses as identified by each public
university listed in ORS 352.002 and community college are exempt from the
tuition reduction provisions of this section.
(5)
If a nonresident student otherwise eligible for tuition benefits under this
section is receiving federal vocational rehabilitation education benefits, that
student shall pay full nonresident tuition and fees charged by a public
university listed in ORS 352.002 or a community college. [2009 c.839 §1; 2011
c.637 §246]
Note:
352.375 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 352 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
352.380 Affirmative action plan; interview
of qualified minority applicants. (1) As used
in this section, “minority” means:
(a)
A person having origins in any of the black racial groups of Africa but who is
not Hispanic;
(b)
A person of Hispanic culture or origin;
(c)
A person having origins in any of the original peoples of the Far East,
Southeast Asia, the Indian subcontinent or the Pacific Islands; or
(d)
An American Indian or Alaskan Native having origins in any of the original
peoples of North America.
(2)
Each public university listed in ORS 352.002 shall:
(a)
Consider and maintain affirmative action plans and goals when reductions in
faculty and staff are required as a result of:
(A)
Reductions in revenue that necessitate discontinuance of its educational
program at its anticipated level;
(B)
Elimination of classes due to decreased student enrollment; or
(C)
Reduction in courses due to administrative decisions.
(b)
Interview one or more qualified minority applicants when hiring a head coach or
athletic director, unless the public university was unable to identify a
qualified minority applicant who was willing to interview for the position. It
is an affirmative defense to a claim of a violation of this paragraph that the
public university, in good faith, was unable to identify a qualified minority
applicant who was willing to interview for the position. [1981 c.814 §1; 2009
c.780 §1; 2011 c.637 §247]
Note: The
amendments to 352.380 by section 3, chapter 780, Oregon Laws 2009, become
operative January 2, 2020. See section 4, chapter 780, Oregon Laws 2009. The
text that is operative on and after January 2, 2020, including amendments by
section 248, chapter 637, Oregon Laws 2011, is set forth for the user’s
convenience.
352.380. Each
public university listed in ORS 352.002 shall consider and maintain affirmative
action plans and goals when reductions in faculty and staff are required as a
result of:
(1)
Reductions in revenue that necessitate discontinuance of its educational
program at its anticipated level;
(2)
Elimination of classes due to decreased student enrollment; or
(3)
Reduction in courses due to administrative decisions.
UNIVERSITY LAW ENFORCEMENT
352.383 University police departments and
officers; rules. (1) The State Board of Higher
Education may, at the request of a public university under its control,
authorize the university to establish a police department and commission one or
more employees as police officers. A police department established under this
section has all of the authority and immunity of a municipal police department
of this state.
(2)
Police officers commissioned under this section:
(a)
May enforce criminal laws and any administrative rules and policies adopted by
the board or the commissioning university; and
(b)
Have all the authority and immunity of a peace officer or police officer of
this state.
(3)
When a university establishes a police department and commissions one or more
employees as police officers, the president of the university, in cooperation
with the chief of the police department, shall establish a process by which the
university will receive and respond to complaints involving the policies of the
police department and the conduct of the police officers.
(4)
The board may:
(a)
Enter into an agreement, or authorize a university under its control to enter
into an agreement, with a municipal corporation or any department, agency or
political subdivision of this state for the provision of mutual aid by their
respective police officers.
(b)
Adopt rules to carry out the provisions of this section. [2011 c.506 §1]
Note:
352.383 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 352 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
352.385 Special campus security officers;
authority; training; expense. (1) The State
Board of Higher Education may, at the request of a public university under its
control, authorize the university to commission one or more of its employees as
special campus security officers. The total number of special campus security
officers commissioned at the public universities in the Oregon University
System may not exceed 50. Special campus security officers shall have stop and
frisk authority as set forth in ORS 131.605 to 131.625 and probable cause
arrest authority and the accompanying immunities as set forth in ORS 133.310
and 133.315 when acting in the scope of their employment as defined by the
State Board of Higher Education. Special campus security officers shall not be
authorized to carry firearms as police officers and, except as provided in
subsection (3) of this section, shall not be considered police officers for
purposes of ORS 181.610, 238.005, 243.005 or 243.736.
(2)
The Department of Public Safety Standards and Training shall train special
campus security officers at the expense of the State Board of Higher Education.
(3)
The State Board of Higher Education, acting by and through its special campus
security officers, is a criminal justice agency for purposes of rules adopted
pursuant to ORS 181.730 (3). [1987 c.745 §§1,2; 1995 c.364 §1; 1997 c.853 §37;
2011 c.637 §249]
REGIONAL SERVICES INSTITUTES
352.390 Regional services institutes; general
program; location. (1) The State Board of Higher
Education shall cause to have prepared and submitted to the Legislative
Assembly a program and time schedule for the establishment of regional services
institutes at appropriate public universities. The program shall include
academic curriculum and practical training appropriate to train students in
various aspects of economic and community services planning, with particular
emphasis on economic services planning for areas of the state that have common
geographic, economic and social characteristics but that do not have sufficient
population to qualify as metropolitan statistical areas.
(2)
In carrying out its duties under subsection (1) of this section, the board
shall consult with the Oregon Business Development Department and shall rely on
the department for technical advice and, as necessary, technical services. The
board shall also consult with community colleges, the Oregon State University
Extension Service, economic development districts and special districts
providing community and economic development services in the region in order to
prepare curriculum and programs with particular emphasis on streamlining
existing programs, avoiding duplication and overlap of programs, better
utilizing students and resources and identifying needs in the region that are
currently unaddressed.
(3)
In preparing programs for establishing regional services institutes, the board
shall give priority to establishing institutes at Eastern Oregon University and
Southern Oregon University. The board may also direct the hiring of an
institute director and other staff as may be from time to time required. [1973
c.692 §1; 1979 c.620 §1; 1997 c.11 §9; 2009 c.11 §45; 2011 c.637 §250]
352.400 Program purpose and function.
Programs prepared under ORS 352.390 shall include proposals for training
students and utilizing resources in the following, using the region in which
the institute is located as the training area:
(1)
Developing specific resources on the campus where the institute is to be
located to assist with orderly and balanced economic and community services and
for the development and implementation of training and assistance programs;
(2)
Providing technical and research assistance on request to political
subdivisions, special districts, businesses located in the region and
businesses which might prospectively locate in the region;
(3)
Locating markets for local manufacturers and processors and aiding local
merchants in locating and contacting markets;
(4)
Investigating and studying conditions affecting local business, industry and
commerce and collecting and disseminating information, and engaging in technical
studies, scientific investigations, and statistical research and educational
activities necessary or useful for the promoting and developing local business
and industry upon request of local business and industry for such aid;
(5)
Assembling and coordinating information relative to the status, scope, cost and
employment possibilities and the availability of materials, equipment and labor
in connection with public works projects, state, county and municipal;
recommending limitations on public works; gathering current progress
information with respect to public works being conducted in the local area and
report such information to the Oregon Business Development Commission where
such sources in the region do not presently exist;
(6)
Gathering, compiling and making available statistical information relating to
business, trade, commerce, industry, transportation, communication, natural
resources and other related subjects in the region, with reliance on other
agencies of the state and the region, whether public or private, for
statistical data and results obtained by them;
(7)
Publishing, disseminating and distributing information and statistics acquired
by the institute;
(8)
Aiding the communities in the region in getting businesses to locate therein by
disseminating information as to natural resources, desirable locations and
other advantages of the community upon request of the community for such aid;
(9)
Cooperating with municipal, county, regional and other planning agencies and
planning groups within the state for the purpose of promoting coordination
between the state and localities as to plans and development in order to
maintain a high level of gainful employment in private profitable production
and achieve commensurate advancement in social and cultural welfare; and
(10)
Aiding in coordinating the activities of statewide and local planning agencies,
correlating information secured from them, assisting in problem solving and
resolving state department concerns on a regional level if appropriate,
securing and disseminating information and suggestions to such planning
agencies; and encouraging and assisting in the organization and functioning of
local planning agencies where none exist. [1973 c.692 §2; 1979 c.620 §2; 1995
c.79 §195]
352.410 [1979
c.782 §1; repealed by 1987 c.246 §8]
352.420 [1979
c.782 §2; repealed by 1987 c.246 §8]
352.430 [1979
c.782 §3; repealed by 1987 c.246 §8]
352.440 [1979
c.782 §4; repealed by 1987 c.246 §8]
PUBLIC UNIVERSITY FINANCES
352.510 Account for maintenance, use and
support of University of Oregon; limitations on use.
The interest that may accrue on an account arising from the sale of lands for
public universities that were donated to the state by Act of Congress of
February 14, 1859, may be deposited in and credited to an account in the Oregon
University System Fund established by ORS 351.506 for the purpose of the
maintenance, use and support of the University of Oregon. No part of the
interest may be expended otherwise than in the payment of the salaries of the
president, professors and teachers of the University of Oregon and other
current expenses of the University of Oregon. If at the close of any fiscal
year an amount equal to or greater than $500 of the interest remains unexpended
after the full payment of the salaries and expenses for the fiscal year, the
amount shall be added to and become a part of the principal of the account. The
State Board of Higher Education or the faculty or other officers of the
University of Oregon may not pledge the faith or credit of the University of
Oregon in excess of the interest annually accruing on the account, together
with the receipts from tuitions and other sources during the current year. [Amended
by 1989 c.966 §38; 2005 c.755 §26; 2009 c.762 §29; 2011 c.637 §251]
352.520 Loan of moneys in account designated
by ORS 352.510. All moneys belonging to the
account designated by ORS 352.510 shall be loaned by the Department of State
Lands in accordance with the provisions of ORS 327.425 to 327.455 governing
loans from the Common School Fund. [Amended by 2009 c.762 §31]
352.530 Interest on loans from account designated
by ORS 352.510. The Department of State Lands
shall pay the interest received on loans from the account designated by ORS
352.510 to the State Board of Higher Education semiannually. [Amended by 2009
c.762 §32]
352.540
[Repealed by 1987 c.102 §4]
352.550
[Repealed by 1961 c.238 §1]
352.560 Account for endowment, maintenance
and support of Oregon State University; limitations on use.
(1) An account in the Oregon University System Fund established by ORS 351.506
is designated for the endowment, maintenance and support of Oregon State
University.
(2)
The account designated by this section consists of moneys arising from the sale
of all lands granted to the State of Oregon, or to which the state was
entitled, under the Act of July 2, 1862 (12 Stat. 503), as amended. Interest
arising from the account may not be applied to the purchase of sites or for
buildings for Oregon State University. Interest from the account may be used
only in the payment of the salaries of professors, officers and other current
expenses. The remainder of any interest remaining at the close of each fiscal
year after the payment of the expenses described in this section shall be added
to and become a part of the principal of the account. [Amended by 1969 c.594 §49;
1989 c.966 §39; 2005 c.755 §27; 2009 c.762 §33]
352.570 Loan of moneys in account designated
by ORS 352.560. All moneys belonging to the
account designated by ORS 352.560 shall be loaned by the Department of State
Lands in accordance with ORS 327.425 to 327.455, governing loans from the
Common School Fund. [Amended by 1969 c.594 §50; 2009 c.762 §34]
352.580 Interest on loans from account designated
by ORS 352.560. The Department of State Lands
shall pay the interest received on loans from the account designated by ORS
352.560 to the State Board of Higher Education semiannually. [Amended by 1969
c.594 §51; 2009 c.762 §35]
352.590
[Repealed by 1961 c.238 §1]
352.600 [Amended
by 1969 c.594 §52; 1995 c.118 §1; repealed by 2009 c.762 §98]
352.610 J.T. Apperson
Agricultural College Educational Fund; general powers and duties of trustee;
rules. (1) Oregon State University shall
execute the trust created by the last will and testament of John T. Apperson, deceased. The university shall administer the
trust fund provided for and designated in the will as the J. T. Apperson Agricultural College Educational Fund.
(2)
Oregon State University may accept, receive, own, hold, sell and dispose of any
and all real and personal property given, devised or bequeathed to the State
Land Board by John T. Apperson in trust for the
purpose of creating the J. T. Apperson Agricultural
College Educational Fund. The university shall manage and use it in accordance
with the directions contained in the will of John T. Apperson,
deceased, for the purpose of defraying the expenses and assisting in the
education at Oregon State University of deserving young men and women who are
residents of Oregon and are unable to bear the expense of a collegiate course
at that institution.
(3)
All necessary expenses incurred by Oregon State University in connection with
the administration of the trust fund shall be payable out of the fund. The
State Board of Higher Education or the university, if authority is delegated
under ORS 351.070, may adopt any necessary rules for the transaction of
business related to and the carrying out of this section and ORS 352.620. [Amended
by 1969 c.594 §53; 1995 c.118 §2; 2009 c.762 §36]
352.620 Execution of instruments.
Oregon State University may execute all deeds, conveyances, contracts, mortgage
releases and all other instruments necessary to be executed in carrying out the
terms of the trust referred to in ORS 352.610. All such deeds and other
instruments may be executed in manner and form as prescribed by the university
and shall be entitled to record without acknowledgment. [Amended by 1969 c.594 §54;
1995 c.118 §3; 2009 c.762 §36a]
352.630
[Amended by 1969 c.594 §55; 1995 c.118 §4; repealed by 2009 c.762 §98]
352.640
[Amended by 1969 c.594 §56; 1975 c.605 §19; repealed by 1987 c.246 §8]
352.650 Deposit of Apperson
and Burbank funds. Whenever any moneys in the J. T.
Apperson Agricultural College Educational Fund or the
Burbank Trust Fund are not required for investment or loan purposes, the
trustee may require the State Treasurer to deposit the moneys in a designated
account in the Oregon University System Fund established by ORS 351.506. Any
interest received from the deposit of any trust funds shall be credited to the
particular fund on which the interest was earned. [Amended by 1989 c.966 §40;
2009 c.762 §37]
352.655 [2007
c.666 §3; 2009 c.762 §84; repealed by 2011 c.595 §112]
352.660
[Repealed by 1961 c.238 §1]
POLICY ON INDEPENDENT INSTITUTIONS OF
HIGHER EDUCATION
352.665 Legislative findings.
The Legislative Assembly finds that:
(1)
The current and future need for higher education services in Oregon is too
great and too diverse to be met by government-sponsored institutions alone.
(2)
From the early 1840s the citizens of Oregon, through private initiative, have
created and sustained a variety of independent not-for-profit institutions of
higher education, irrevocably organized as public benefit corporations in
service to the people of Oregon. For the purposes of ORS 352.665 to 352.675, “independent
institutions” or “independent higher education” refers to such institutions.
(3)
These independent institutions:
(a)
Conduct teaching, research and public service of high quality, contributing
substantially to the preparation of a professional workforce, to the
intellectual and cultural quality of life in Oregon and to the individual
character of social responsibility so highly prized in this state and nation;
(b)
Provide a major share of all post-secondary education in Oregon, at the lowest
cost to the taxpayer;
(c)
Add meaningful and valued diversity to the array of post-secondary educational
opportunities available to Oregonians;
(d)
Are accessible to qualified students of all ethnic backgrounds and from all
socioeconomic levels;
(e)
Annually attract thousands of talented people to Oregon from other regions of
the country and the world;
(f)
Provide unique local opportunities in higher education that many Oregonians
would otherwise leave the state to find;
(g)
Attract and sustain voluntary donations of private time, treasure and talent
from thousands of citizens in public service toward fulfilling the educational
needs of the larger community; and
(h)
Constitute a sizable economic enterprise.
(4)
The educational capital and services of these independent institutions are
essential to meeting the current and future higher educational needs of Oregon’s
citizens. [1993 c.325 §1]
Note:
352.665 to 352.675 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 352 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
352.667 Public purpose to encourage and
increase opportunities in independent higher education.
Based on the legislative findings described in ORS 352.665, the Legislative
Assembly declares that it is an important public interest to encourage and
increase opportunities in independent higher education for the people of
Oregon. [1993 c.325 §2]
Note: See
note under 352.665.
352.669 Policies and practices of state
agencies and Oregon University System. The
Legislative Assembly declares that all state agencies and the Oregon University
System should pursue policies and engage in practices that enhance the vitality
of independent higher education in Oregon and should cooperate with the state’s
independent institutions. [1993 c.325 §3; 2011 c.637 §252]
Note: See
note under 352.665.
352.670
[Repealed by 1961 c.238 §1]
352.672 State financial aid for students.
The Legislative Assembly declares that it is an important public interest, and
an appropriate objective of the state, that Oregonians who need financial
assistance to attend an independent institution in Oregon should have access to
state financial aid. [1993 c.325 §4]
Note: See
note under 352.665.
352.675 State policies to enhance and
encourage independent higher education. The
Legislative Assembly declares its ongoing interest in state policies that:
(1)
Enhance the ability of independent institutions to sustain and expand their
services in Oregon;
(2)
Complement, assist and strengthen existing or planned programs and activities
of independent institutions in Oregon while maintaining high academic and
administrative standards;
(3)
Encourage broad public participation in independent higher education;
(4)
Promote coordination among independent and community colleges and state
universities;
(5)
Stimulate and encourage private initiative and financial support in connection
with the programs and activities of independent higher education;
(6)
Encourage recognition of the contributions made by independent higher education
to the well-being of the state and to the development of the individual; and
(7)
Develop, maintain and provide the public with sufficient information concerning
independent educational opportunities within the state. [1993 c.325 §5; 1997
c.11 §10]
Note: See
note under 352.665.
352.680
[Repealed by 1961 c.238 §1]
AID TO INDEPENDENT INSTITUTIONS
352.710 Policy.
It is hereby determined and declared as a matter of legislative finding that:
(1)
Independent institutions of higher education in the state educate a substantial
share of all post-secondary students in Oregon and such nonpublic institutions
make an important contribution to post-secondary education in Oregon.
(2)
The state’s duty to support the achieving of public welfare purposes in
education may be, in part, fulfilled by the state’s support of those
nonsectarian educational objectives achieved through nonpublic post-secondary
institutions.
(3)
Many of Oregon’s private and independent institutions of higher learning face
serious financial difficulties and, should any of these institutions be forced
to close, many of their students would seek admission in public institutions
creating an added financial burden to the state and an impairment of
post-secondary education in Oregon. Such hazards may be substantially reduced
and all education in the state improved through the purchase of nonsectarian
educational services from Oregon’s private and independent institutions. [1971
c.693 §1]
352.720 Definitions for ORS 352.710 to
352.760. As used in ORS 352.710 to 352.760,
unless the context requires otherwise:
(1)
“Private and independent institutions of higher education” or “institution”
means any nonpublic and nonprofit college or university in the State of Oregon
accredited by the Northwest Association of Schools and Colleges and any
chiropractic college located in this state and accredited by the Commission on
Accreditation of the Council on Chiropractic Education, or its successor.
(2)
“Nonsectarian educational services” means the providing of instruction in
secular subjects.
(3)
“Secular subjects” means any course which is presented in the curriculum of a
private and independent institution of higher education which is not hobby or
recreational in nature or which does not advocate the religious teachings or
the morals or forms of worship of any sect. [1971 c.693 §2; 1973 c.721 §6; 1977
c.735 §1; 1977 c.768 §2; 1978 c.1 §4; 1989 c.845 §3; 1999 c.704 §20; 2011 c.637
§253]
352.730 Contracts with independent
institutions for nonsectarian and nonreligious educational services.
(1) The Oregon Student Access Commission may enter into contracts with private
and independent institutions of higher education for the performance of
nonsectarian educational services to assist the state in providing educational
opportunities for Oregon students.
(2)
The commission may accept grants, gifts, bequests, and devises of real and
personal property to carry out the purposes of ORS 352.710 to 352.760.
(3)
No funds disbursed pursuant to ORS 352.710 to 352.760 shall be used by any
recipient for any religious purpose. [1971 c.693 §3; 1981 c.213 §1; 2011 c.637 §254]
352.740 Computation of payments under
contracts. Payments to private and independent
institutions of higher education under contracts entered into under ORS 352.730
shall be determined by the Oregon Student Access Commission on a uniform rate
for every 45 quarter hours, or equivalent, of approved and registered course
work in nonsectarian subjects completed by undergraduate students enrolled in
the institutions who are residents of Oregon, and shall not exceed the actual
cost to the institution of providing such educational services. This uniform
rate shall apply to the estimated 45-hour units for each institution upon which
the legislative appropriation is based for that year, or the actual 45-hour
units for each institution, whichever is the lesser. Any remaining funds shall
be distributed among those institutions whose actual 45-hour units exceed the
estimate. The distribution to each institution shall be according to the
uniform rate established for the 45-hour units or an amount equal to the ratio
that the excess units bear to 45. However, if insufficient funds are available
for such a distribution, then the distribution shall be according to the ratio
that the total number of 45-hour units in excess of the estimate bears to the total
amount of funds remaining undistributed, multiplied by the number of excess
45-hour units, if any, at each institution. [1971 c.693 §4; 1973 c.815 §5; 1977
c.768 §1; 2011 c.637 §255]
352.750 Rules.
In accordance with any applicable provisions of ORS chapter 183, the Oregon
Student Access Commission may make such reasonable rules and regulations as are
necessary or proper to carry out ORS 352.710 to 352.760. [1971 c.693 §5; 2011
c.637 §256]
352.760 Severability.
If a part of ORS 352.710 to 352.760 is invalid, all valid parts that are
severable from the invalid part remain in effect. If a part of ORS 352.710 to
352.760 is invalid in one or more of its applications, the part remains in
effect in all valid applications that are severable from the invalid
applications. [1971 c.693 §7]
FINANCE OF EDUCATION FACILITIES BY
MUNICIPALITY
352.790 Definitions for ORS 352.790 to
352.820. As used in ORS 352.790 to 352.820,
unless the context requires otherwise:
(1)
“Education facilities” means real or personal property owned or operated by an
educational institution and used to provide post-secondary education. “Education
facilities” includes administrative offices, student and staff parking and
on-campus dormitories, but does not include property used for sectarian
instruction nor used primarily as a place of religious worship or as a part of
a program of a school or department of divinity for any religious denomination
or for the religious training of ministers, priests, rabbis or other similar
persons in the field of religion.
(2)
“Education facilities costs” means all costs of acquiring, constructing and
improving education facilities, and capitalized interest, reserves, costs of
credit enhancements and costs of issuing and paying revenue bonds.
(3)
“Education facility revenues” means repayments of loans authorized by ORS
352.800 (3), and any moneys derived from rights or property which are security
for such a loan.
(4)
“Educational institution” means any nonprofit institution located in this state
which grants post-secondary degrees and is accredited by the Northwest
Association of Schools and Colleges or affiliated nonprofit foundations whose
role is to further the mission of qualified institutions.
(5)
“Municipality” means any city or county.
(6)
“Revenue bond” means a revenue bond as defined in ORS 287A.001 that is issued
by a municipality pursuant to ORS 352.790 to 352.820. [1987 c.812 §1; 2007
c.783 §153]
352.795 Finance of education facilities by
municipalities. In order to provide the people
of this state with access to quality post-secondary education at a reasonable
cost, and to provide an educated workforce which promotes economic development
within this state, the Legislative Assembly authorizes municipalities to
finance education facilities in accordance with ORS 352.790 to 352.820. [1987
c.812 §2]
352.800 Powers of municipality.
Except as otherwise provided in ORS 352.810, a municipality shall have all
powers necessary to finance education facilities in accordance with ORS 352.790
to 352.820, including the power:
(1)
To borrow money and to issue revenue bonds to finance education facilities
costs or to refund revenue bonds pursuant to ORS 287A.150.
(2)
To pledge education facility revenues to pay revenue bonds.
(3)
To loan money to educational institutions to finance education facilities and
to enter into loan contracts.
(4)
To enter into covenants with the owners of revenue bonds which are intended to
protect the rights of such owners.
(5)
To contract with trustees to hold and administer education facility revenues
and the proceeds of revenue bonds.
(6)
To take any other action necessary to carry out the powers granted by ORS
352.790 to 352.820. [1987 c.812 §3; 2007 c.783 §154]
352.805 Revenue bonds; issuance; trust
funds; pledge; terms; legal effect. (1) Revenue
bonds shall be payable solely from that portion of education facility revenues
which the municipality pledges therefor in the
resolution authorizing issuance of revenue bonds.
(2)
A municipality may authorize the issuance of revenue bonds by resolution or
nonemergency ordinance under the procedure described in ORS 287A.150.
(3)
The resolution may provide for the establishment of one or more special funds
and may place such funds under the control of one or more trustees. The resolution
may obligate the municipality to deposit and expend the proceeds of the revenue
bonds only into and from such fund or funds, and to set aside and pay into such
fund or funds specified education facility revenues.
(4)
Any pledge of education facility revenues made by a municipality shall be valid
and binding, without physical delivery or additional action, from the time that
the pledge is made against any parties having subsequent claims of any kind in
tort, contract or otherwise against a municipality or an educational
institution, irrespective of whether such parties have actual notice thereof.
The pledge shall be noted in the resolution authorizing issuance of revenue
bonds, which shall be constructive notice thereof to all parties and the resolution
need not be recorded, nor shall the filing of any financing statement under the
Uniform Commercial Code be required to perfect such pledge.
(5)
The municipality may establish the terms under which its revenue bonds shall be
issued and sold.
(6)
All revenue bonds issued pursuant to ORS 352.790 to 352.820 shall be legal
securities which may be used by any insured institution or trust company, as
those terms are defined in ORS 706.008, for deposit with the State Treasurer or
a county treasurer or city treasurer as security for deposits in lieu of a
surety bond under any law relating to deposits of public moneys. The revenue
bond shall constitute legal investments for public bodies, trustees and other
fiduciaries, banks, savings and loan associations and insurance companies. All
revenue bonds shall constitute negotiable instruments within the meaning of and
for all purposes of the law of this state. [1987 c.812 §4; 1997 c.631 §465;
2003 c.195 §27; 2007 c.783 §155]
352.810 Revenue bonds secured by education
facility revenues. Revenue bonds shall not be a
general bond of any municipality nor a charge upon the tax revenues of any
municipality, and shall be secured solely by the education facility revenues
pledged to their payment. [1987 c.812 §5]
352.815 Municipalities acting jointly.
All powers and duties provided in ORS 352.790 to 352.820 may be exercised or
discharged by two or more municipalities acting jointly. A municipality may
issue revenue bonds to finance education facilities located within the boundaries
of another municipality. [1987 c.812 §6]
352.820 Investment of revenues.
Notwithstanding ORS chapter 294, education facility revenues and the proceeds
of revenue bonds may be invested in any classes of security which are described
in the resolution authorizing issuance of the revenue bonds or are otherwise
approved by the municipality. [1987 c.812 §7]
352.990
[Subsection (2) enacted as 1959 c.569 §6; 1969 c.622 §2; 1983 c.186 §2; 1983
c.338 §917; 1985 c.16 §475; repealed by 1987 c.158 §63 and 1987 c.246 §8]
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