Chapter 350 — Chapter 350
133 sections in this chapter.
ORS 350.282 Disclosure of Social Security number; action in circuit court; damages. (1) A student who suffers an ascertainable loss of money, personal property or real property as a result of a violation of ORS 350.278 or 350.280 may bring an action in a circuit court to recover the student’s actual damages
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(2) The court may award reasonable attorney fees to the party that prevails in an action on a claim under this section. [Formerly 326.591] (Tuition)
ORS 350.285 Waiver of tuition for family members of deceased or disabled veterans or children of Purple Heart recipients; qualifications; amount of waiver. (1) As used in this section
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(a) “Child” means a child, adopted child or stepchild of either a service member or a Purple Heart recipient. (b) “Eligible post-secondary institution” means: (A) A public university listed in ORS 352.002; and (B) The Oregon Health and Science University. (c) “Purple Heart recipi…
ORS 350.287 Continuing resident tuition and fees for spouses or dependent children of active members of Armed Forces. (1) Spouses or dependent children of active members of the Armed Forces of the United States who, at the time of their acceptance to a community college or public university listed in ORS 352.002, are considered residents for the purpose of admission or for the purpose of determining fees and tuition to be paid while attending the community college or public university, shall continue to be considered residents for as long as the spouses or dependent children remain continuously enrolled at the community college or public university
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(2) As used in this section, “active member of the Armed Forces of the United States” and “dependent children” have the meaning given those terms in ORS 352.313. [2019 c.264 §1]
ORS 350.290 Resident tuition and fees for nonresident students who served, or who are dependents of someone who served, in Armed Forces or international position; exemptions. (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 or graduate student on a public university or community college campus in this state tuition and fees no greater than the resident rate if the student
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(a)(A) Served in the Armed Forces of the United States; (B) Was relieved or discharged from that service with either an honorable discharge or a general discharge under honorable conditions; and (C) Provides proof that the student has established a physical presence in Oregon wit…
ORS 350.292 Resident tuition and fees for Native American or Alaska Native students; qualifications; rules. (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 or graduate student on a public university or community college campus in this state tuition and fees no greater than the resident rate if the student
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(a)(A) Is Native American; or (B) Is an Alaska Native; and (b)(A) Received a diploma under ORS 329.451; (B) Completed grade 12 in compliance with the requirements of ORS 339.035; or (C) Completed grade 12 at a private or parochial school, as described in ORS 339.030 (1)(a). (2) A…
ORS 350.295 Annual report on reduced tuition rate and tuition waiver recipients. The Higher Education Coordinating Commission shall report annually on or before February 1 to committees of the Legislative Assembly related to veterans and military affairs and to higher education regarding students who have received tuition relief and assistance under ORS 350.285 and 350.290 including but not limited to the following
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(1) The number of nonresident veterans who were assessed reduced tuition rates under ORS 350.290 and the amount of nonresident tuition moneys not assessed as a result of receiving the reduced tuition rates under ORS 350.290; (2) The number of former Oregon residents who were asse…
ORS 350.300 Waiver of tuition and fees for current or former foster child, adopted former foster child and current or former homeless youth. (1) Notwithstanding ORS 341.290, 352.105 or 353.050, a student who is a current foster child, former foster child or adopted former foster child or a current homeless youth or former homeless youth, under 25 years of age and enrolled in courses totaling one or more credit hours at an institution of higher education as an undergraduate student shall have the amount of tuition and all fees levied against the student waived if attending an institution of higher education for purposes of pursuing an initial undergraduate degree
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(2) A student is entitled to waiver of tuition and all fees under subsection (1) of this section until the student has received the equivalent of four years of undergraduate education. (3) As a condition of receiving a tuition waiver for an academic year, if the student is eligib…
ORS 350.303 Eligibility for waiver of tuition and fees for adopted former foster child. (1) An adopted former foster child who enrolls in an institution of higher education as an undergraduate student is eligible to have the amount of tuition and all fees levied against the student waived in the manner set forth in ORS 350.300 if the adopted former foster child became an adopted child on or after January 1, 2012
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(2) Nothing in this section authorizes or requires an institution of higher education to reimburse an adopted former foster child for tuition or fees previously paid to the institution. (3) As used in this section, “adopted former foster child” and “institution of higher educatio…
ORS 350.305 Number and graduation rate of current and former foster children enrolled at community colleges and public universities. (1) The Higher Education Coordinating Commission shall, on an annual basis, work with the Department of Human Services, each public university listed in ORS 352.002 and each community college in this state to determine
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(a) The number of current foster children and former foster children enrolled at the college or university; and (b) The graduation rate for current foster children and former foster children enrolled at the college or university. (2) The commission shall: (a) Make the findings un…
ORS 350.330 Written policies on sexual harassment, sexual assault, domestic violence, dating violence and stalking; content. (1) In addition to the written protocol adopted under ORS 350.331, each institution of higher education shall adopt written policies concerning sexual harassment, sexual assault, domestic violence, dating violence and stalking that occur both on and off campus
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(2) Written policies adopted under this section must include: (a) The adoption of the definition of sexual harassment “Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, or other verbal, …
ORS 350.331 Written sexual assault protocol; content. (1) Each public university listed in ORS 352.002, community college and Oregon-based private university or college shall adopt a written protocol to ensure that victims of sexual assault receive necessary services and assistance in situations where
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(a) The alleged victim of the sexual assault is a student at the university or college and the alleged sexual assault occurred on the grounds or at the facilities of the university or college; or (b) The alleged perpetrator of the sexual assault is a student at the university or …
ORS 350.332 Limitations on investigations involving sexual assault, domestic violence or stalking. A public university listed in ORS 352.002, a community college or an Oregon-based private university or college may not use the threat or imposition of student discipline or other sanction to influence the decision of a victim of an alleged incident of sexual assault, domestic violence or stalking regarding whether or not the victim will report the alleged incident or participate in an investigation or adjudication of the alleged incident. [Formerly 350.257]
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[Repealed or reserved.]
ORS 350.335 Definitions for ORS 350.335 to 350.346. As used in ORS 350.335 to 350.346
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(1) “Certified advocate” and “qualified victim services program” have the meanings given those terms in ORS 40.264. (2) “Institution of higher education” has the meaning given that term in ORS 350.330. (3) “Reporting party” means a student or employee at an institution of higher …
ORS 350.336 Sexual Misconduct Survey Council established; composition. (1) The Sexual Misconduct Survey Council is established, consisting of 19 voting members and four nonvoting members
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(2) The four nonvoting members of the council shall be appointed as follows: (a) The President of the Senate shall appoint two nonvoting members from among members of the Senate; and (b) The Speaker of the House of Representatives shall appoint two nonvoting members from among me…
ORS 350.337 Duties of council; development of survey; contents of survey. (1) At least once every two years, the Sexual Misconduct Survey Council established under ORS 350.336 shall
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(a) Develop a base survey for distribution to institutions of higher education; and (b) Provide each institution of higher education with any recommendations regarding use of the survey, including but not limited to additional content that could be added, the timing for conductin…
ORS 350.338 Survey of enrolled students; information to be posted on website. (1) At least once every two years, each institution of higher education shall conduct a sexual misconduct climate survey of all students enrolled at the institution
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(2)(a) A survey conducted under this section shall include: (A) The most recent base survey provided by the Sexual Misconduct Survey Council under ORS 350.337; and (B) Any additional campus-specific questions chosen by the institution, provided that the additional questions do no…
ORS 350.339 Survey data repository; rules. (1) The Higher Education Coordinating Commission shall establish a data repository for all summaries of sexual misconduct climate surveys conducted by institutions of higher education and submitted to the commission under ORS 350.338
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(2) The data repository established under this section must: (a) Be made available to the public in an easily accessible manner on the website of the commission; and (b) Except as provided in subsection (3) of this section, include all sexual misconduct climate survey data receiv…
ORS 350.340 Victim services program; required employment of certified advocate; exceptions; qualifications; duties. (1)(a) Except as provided in paragraph (b) of this subsection, each institution of higher education shall employ at least one certified advocate as part of an institution-based qualified victim services program
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(b) An institution of higher education is not required to employ a certified advocate if the institution does not have an institution-based qualified victim services program, or has fewer than 1,000 enrolled students who reside on campus and either: (A)(i) Partners with a local v…
ORS 350.341 Domestic and sexual violence advocacy; required memorandum of understanding; contents; exceptions from requirement. (1) Except as provided in subsection (4) of this section, each institution of higher education shall enter into and maintain a memorandum of understanding with a community-based domestic and sexual violence advocacy agency that is in the same county as the institution
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(2) The memorandum of understanding entered into under this section shall ensure that the community-based domestic and sexual violence advocacy agency will: (a) Assist in developing the institution’s training regarding sexual misconduct that involves students and employees; (b) P…
ORS 350.342 Discipline prohibited for reporting party or witness; exceptions. (1)(a) A reporting party or a witness who requests an investigation of sexual misconduct may not be subjected to a disciplinary proceeding or sanction for violating the institution of higher education’s student conduct policy related to drug or alcohol use, trespassing or unauthorized entry of school facilities or other violations of a school policy or code of conduct that is discovered in connection with the alleged sexual misconduct unless the institution determines that the report was not made in good faith or that the violation of the policy was an egregious violation
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(b) As used in this subsection, an “egregious violation” includes but is not limited to taking an action that places the health and safety of another individual at risk. (2) If the code of conduct of an institution of higher education prohibits sexual activity or certain forms of…
ORS 350.343 Required training for students and employees of institution; contents of training. (1) In addition to any requirements set forth in ORS 350.330 and 350.331, each institution of higher education shall
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(a) Receive guidance from the Title IX coordinator of the institution, local law enforcement, violence prevention specialists, public health specialists, other individuals with experience identifying protective and risk factors related to violence and the community-based domestic…
ORS 350.344 Waiver from certain requirements for institution-sponsored programs or activities; qualifications for waiver; confidentiality of personal information. (1) Each institution of higher education shall waive any requirements relating to a minimum required grade point average or disciplinary record requirements required to demonstrate academic success that are part of an institution-sponsored program or activity identified by the institution under subsection (2) of this section for any participant who
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(a) Has experienced sexual misconduct while enrolled at the institution; and (b) Has received a waiver in the manner described in subsection (3) of this section. (2)(a) Each institution of higher education shall identify the institution-sponsored programs or activities that a wai…
ORS 350.345 Annual report relating to sexual misconduct; contents. (1) No later than October 1 of each year, each institution of higher education shall submit a report in the manner provided by ORS 192.245 to
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(a) The Secretary of the Senate and the Chief Clerk of the House of Representatives; (b) The interim committees of the Legislative Assembly relating to higher education; (c) The Higher Education Coordinating Commission; and (d) The Director of Human Services. (2) The report shall…
ORS 350.346 Annual report to Legislative Assembly; rules. (1) No later than September 15 of each year, the Higher Education Coordinating Commission shall submit a report in the manner provided by ORS 192.245 to the interim committees of the Legislative Assembly related to higher education that identifies each instance during the previous academic year in which an institution of higher education has either violated a provision of ORS 350.335 to 350.346 or failed to carry out a provision of ORS 350.335 to 350.346
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(2) The commission may adopt rules necessary to implement ORS 350.335 to 350.346. [2023 c.550 §12]
ORS 350.347 Severability. It is the intent of the Legislative Assembly that all parts of chapter 550, Oregon Laws 2023, are independent and that if any part of chapter 550, Oregon Laws 2023, is held unconstitutional, all remaining parts shall remain in force. [2023 c.550 §15]
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Note: Legislative Counsel has substituted “chapter 550, Oregon Laws 2023,” for the words “this 2023 Act” in section 15, chapter 550, Oregon Laws 2023, compiled as 350.347. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution …
ORS 350.350 “Public institution of higher education” defined for ORS 350.355 and 350.360. As used in ORS 350.355 and 350.360, “public institution of higher education” means
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(1) A community college; or (2) A public university listed in ORS 352.002. [Formerly 351.700]
ORS 350.355 Health care benefits for part-time faculty; rules. (1)(a) Except as provided in paragraph (b) of this subsection, a part-time faculty member at a public institution of higher education is eligible for the same employee-only health care benefits, including dental benefits and vision benefits, as full-time faculty members if the part-time faculty member is eligible for membership in the Public Employees Retirement System or another plan authorized under ORS chapter 238 or 238A by working either at a single public institution of higher education or in aggregate at multiple public institutions of higher education during the previous academic year
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(b) The total cost of providing any health benefit plan offered by a public institution of higher education to a part-time faculty member under this section may not increase annually by more than the annual increase in premium amounts paid for contracted health benefit plans that…
ORS 350.357 Part-Time Faculty Insurance Fund. The Part-Time Faculty Insurance Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Part-Time Faculty Insurance Fund must be credited to the fund. The fund consists of moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise and interest earned on moneys in the fund. The moneys in the fund are continuously appropriated to the Higher Education Coordinating Commission for the purpose of reimbursing public institutions of higher education for the cost of paying premiums for health benefit plans for part-time faculty under ORS 350.355. [2021 c.583 §4]
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[Repealed or reserved.]
ORS 350.360 Annual review of employment at public institutions of higher education; annual report to Legislative Assembly and Governor. (1) As used in this section, “employee group” means each category of employee employed by a public institution of higher education, including at least categories for
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(a) Administrative or management employees; (b) Faculty employees; and (c) Classified or professional nonfaculty employees. (2)(a) The Higher Education Coordinating Commission shall conduct an annual review of each public institution of higher education with respect to the employ…
ORS 350.365 [Formerly 351.711; repealed by 2018 c.72 §13]
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[Repealed or reserved.]
ORS 350.370 Requirements for classification as post-doctoral scholar position. (1) A public university listed in ORS 352.002 or the Oregon Health and Science University may classify a position as a post-doctoral scholar position if the position
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(a) Requires a doctoral or equivalent degree; (b) Provides a temporary and defined period of employment with the university; and (c) Provides clinical or academic research training under formal mentorship. (2) As used in this section, “formal mentorship” means a training and ment…
ORS 350.375 Cultural competency requirements at public universities and community colleges. (1) As used in this section
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(a) “Board” means: (A) For a public university listed in ORS 352.002, the governing board of the university; or (B) For a community college, the board of education of a community college district. (b) “Community college district” has the meaning given that term in ORS 341.005. (c…
ORS 350.379 Use of apprentices, minority individuals and women in qualified contracts; annual report; exceptions. (1) As used in this section
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(a) “Apprentice” has the meaning given that term in ORS 660.010. (b) “Community college” means a community college as defined in ORS 341.005 or a community college district as defined in ORS 341.005. (c) “Institution of higher education” means a public university listed in ORS 35…
ORS 350.395 Transfer Student Bill of Rights and Responsibilities; standards for applying community college credits toward baccalaureate degrees. (1) As used in this section
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(a) “Associate transfer degree” means an associate degree that is awarded by a community college and that is intended to allow a student to apply the credits earned for the degree toward a baccalaureate degree. (b) “Community college” means a community college operated under ORS …
ORS 350.400 Establishment of foundational curricula; requirements. (1) Community colleges and public universities listed in ORS 352.002 shall
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(a) Evaluate existing one-year curricula for students at a public post-secondary institution of education who plan to transfer to a different public post-secondary institution of education; and (b) Establish a foundational curriculum, or foundational curricula, for the first year…
ORS 350.404 Unified statewide transfer agreements; requirements. (1) Community colleges and public universities listed in ORS 352.002 shall collaborate through the Transfer Council established in ORS 350.426 to develop a unified statewide transfer agreement, based on the foundational curricula established under ORS 350.400, for each major course of study. Each unified statewide transfer agreement developed under this section must
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(a) Enable a student to transfer from a community college to a public university listed in ORS 352.002 without the loss of academic credit or the requirement to retake a course at a public university that the student has successfully completed at a community college, provided tha…
ORS 350.408 Community college obligations when informed that enrolled student intends to pursue bachelor’s degree. When a student attending a community college informs the community college that the student intends to pursue a bachelor’s degree by transferring to a public university listed in ORS 352.002, the community college shall
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(1) Provide the student with information on potential major courses of study that the community college has received from the public university; (2) Provide the student with a list of existing unified statewide transfer agreements; and (3) Encourage the student to identify a pote…
ORS 350.412 Role of Higher Education Coordinating Commission in facilitating foundational curricula and unified statewide transfer agreements. (1) The Higher Education Coordinating Commission shall regularly use the Transfer Council established in ORS 350.426 to work with representatives from community colleges and public universities listed in ORS 352.002 in order to
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(a) Facilitate the coordination and establishment of foundational curricula described in ORS 350.400; and (b) Facilitate the development, and ensure the continued alignment, of the unified statewide transfer agreements described in ORS 350.404. (2) The commission shall seek to en…
ORS 350.417 Academic credit for advanced placement (AP) exam or International Baccalaureate (IB) program; rules. (1) As used in this section
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(a) “College credit program” means a nationwide program that offers college-level curricula and examinations to high school students, such as the advanced placement (AP) program or the International Baccalaureate (IB) program. (b) “Public institution of higher education” has the …
ORS 350.420 Accelerated college credit programs; publicly available information; rules. (1) As used in this section
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(a) “Accelerated college credit program” has the meaning given that term by rules adopted by the Higher Education Coordinating Commission. (b) “Credit toward general education” means credits that may be used toward the completion of a post-secondary certificate or degree, as dete…
ORS 350.423 Adoption of common course numbering system; transfer of academic credit; rules. Notwithstanding ORS 352.087 (1)(q) or any other provision of law, each public post-secondary institution of education in this state shall
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(1) Adopt a common course numbering system, established by the Higher Education Coordinating Commission by rule, for introductory and other lower division courses with similar learning outcomes that are taught in accelerated college credit programs, public post-secondary institut…
ORS 350.426 Transfer Council; composition; duties. (1) The Transfer Council is established, consisting of 15 voting members, appointed by the Higher Education Coordinating Commission, and one nonvoting, ex officio member
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(2) Before appointing the voting members, the commission shall request nominations from official student, faculty and administrator organizations at public universities listed in ORS 352.002, community colleges operated under ORS chapter 341 and high schools in this state. The 15…
ORS 350.429 Transfer Council duties; annual reports; rules. (1) The Transfer Council established under ORS 350.426 shall
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(a) Advise the Higher Education Coordinating Commission on the development, coordination and maintenance of the common course numbering system described in ORS 350.423; (b) Serve as the primary venue for community colleges and public universities to collaborate to develop foundat…
ORS 350.432 Developmental educational requirements; placement test requirements; rules. (1) As used in this section, “public institution of higher education” has the meaning given that term in ORS 350.350
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(2)(a) Each public institution of higher education must have the same developmental educational requirements and require the same placement tests for each subject area for: (A) An incoming student who has completed high school and who the institution determines is college ready; …
ORS 350.500 Forestry Education Council; members; term of office. (1) There is established a Forestry Education Council, consisting of five members appointed by the President of Oregon State University. The president shall appoint to the council at least three members who are forestland owners in this state or representatives of forest products manufacturers operating in this state
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(2) The term of office of each council member is four years, but a member serves at the pleasure of the president. Before the expiration of the term of a council member, the president shall appoint a successor whose term begins on January 1 next following. A council member is eli…
ORS 350.505 Qualifications of members of Forestry Education Council. The members of the Forestry Education Council must be residents of this state who are well informed on the principles of providing educational opportunities for forestland owners, forest products manufacturers and persons wishing to train in forest-related occupations. [Formerly 351.674]
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[Repealed or reserved.]
ORS 350.510 Administration of Forestry Education Council. (1) The Forestry Education Council shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the President of Oregon State University determines
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(2) Except as provided in ORS 350.530, a majority of the members of the council constitutes a quorum for the transaction of business. (3) The council shall meet at times and places specified by the call of: (a) The chairperson; (b) A majority of the members of the council; or (c)…
ORS 350.515 Criteria and measurements for investments in professional forestry education; process; report. (1) The Dean of the College of Forestry at Oregon State University shall solicit the advice of the Forestry Education Council when developing work plans or resource allocation plans affecting professional forestry education. The council shall provide advice to the dean regarding the development of work plans and resource allocation plans affecting professional forestry education upon request of the dean or the President of Oregon State University and at other times as the council deems reasonable or necessary
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(2) The council, in consultation with the dean, shall establish criteria and measurements for Oregon State University to use in determining which investments in professional forestry education to make from any subaccount created as described in ORS 350.520. (3) The criteria and m…
ORS 350.520 Public University Fund subaccount for professional forestry education; allocations. Oregon State University may establish in the Public University Fund established under ORS 352.450 a subaccount dedicated to funding investments in professional forestry education. A subaccount created as provided in this section shall consist of any moneys from harvest taxes, appropriations, gifts, grants or donations made available to the university for the specific purpose of making investments in professional forestry education under this section. The university shall make any allocations of moneys from the subaccount to investments in professional forestry education in accordance with the criteria and measurements established by the Forestry Education Council under ORS 350.515. [Formerly 351.681]
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[Repealed or reserved.]
ORS 350.525 No obligation to fund subaccount. ORS 350.500 to 350.530 do not establish any obligation or expectation for the appropriation of General Fund moneys to the subaccount described in ORS 350.520 or any obligation or expectation that moneys from forest products harvest taxes will be increased or reallocated for deposit to the subaccount described in ORS 350.520. [Formerly 351.682]
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Note: 350.525 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 350 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.