Chapter 352 — Chapter 352
236 sections in this chapter.
ORS 352.080 [Renumbered 352.035]
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[Repealed or reserved.]
ORS 352.083 [1985 c.770 §18; 1995 c.162 §78; renumbered 353.470 in 1995]
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[Repealed or reserved.]
ORS 352.084 Term of office for members of a governing board. Notwithstanding the term of office specified in ORS 352.076, the term of a member appointed to a governing board by the Governor may be adjusted so that one-half, as nearly as possible, of the members of the board are appointed biennially. [2013 c.768 §7; 2017 c.440 §11]
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[Repealed or reserved.]
ORS 352.087 Powers and duties of governing board and public universities. (1) A public university listed in ORS 352.002 may
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(a) Acquire, receive, hold, keep, pledge, control, convey, manage, use, lend, expend and invest all moneys, appropriations, gifts, bequests, stock and revenue from any source. (b) Borrow money for the needs of the university in such amounts and for such time and upon such terms a…
ORS 352.088 Higher Education Coordinating Commission to provide regular opportunities for governing boards to meet and receive training. The Higher Education Coordinating Commission shall
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(1) Provide regular opportunities for members of governing boards from all public universities listed in ORS 352.002 to meet and discuss issues related to: (a) The work of governing boards; and (b) Higher education throughout Oregon. (2) Provide opportunities for members of gover…
ORS 352.089 Mission statements; process for approval of change to academic program; biennial funding requests; request for issuance of state bonds; responding to legislative request for data; rules. (1) A public university listed in ORS 352.002 shall adopt a mission statement for the university, and shall forward the statement to the Higher Education Coordinating Commission
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(2) A public university listed in ORS 352.002 shall submit any significant change in the university’s academic programs to the Higher Education Coordinating Commission. The commission shall establish a process for reviewing the significant program change for approval. The commiss…
ORS 352.090 [Renumbered 352.045]
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[Repealed or reserved.]
ORS 352.091 Required policies of governing boards. The governing board of each public university listed in ORS 352.002 shall formally adopt policies that
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(1) Provide the opportunity at all regularly scheduled meetings of the governing board for live comments; (2) Allow a representative from official student, faculty and nonfaculty staff governance organizations to provide comments or report to the governing board at regularly sche…
ORS 352.095 [1989 c.893 §8; 1991 c.947 §11; renumbered 353.450 in 1995]
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[Repealed or reserved.]
ORS 352.096 Appointment and removal of university president; roles of president; hiring of university personnel. (1)(a) In consultation with the Governor, or the Governor’s designee, the governing board of a public university listed in ORS 352.002 shall appoint and employ a president of the university
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(b) The governing board shall prescribe the president’s compensation and terms and conditions of employment. (2) The president of a public university listed in ORS 352.002 is the president of the faculty. The president is also the executive and governing officer of the university…
ORS 352.100 [Amended by 1957 c.595 §1; 1975 c.693 §4; 1983 c.740 §116a; repealed by 1987 c.246 §8]
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[Repealed or reserved.]
ORS 352.102 Tuition and mandatory enrollment fees. (1) Except as set forth in this section, the governing board may authorize, establish, eliminate, collect, manage, use in any manner and expend all revenue derived from tuition and mandatory enrollment fees
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(2) The governing board shall establish a process for determining tuition and mandatory enrollment fees. The process must: (a) Include the use of an advisory body in the manner set forth in ORS 352.103; and (b) Ensure that the governing board receives and considers all written re…
ORS 352.103 Advisory body for tuition and mandatory enrollment fees; composition; process for making recommendation. (1) Each public university listed in ORS 352.002 shall have an advisory body to advise the president of the university on the president’s recommendations to the governing board regarding resident tuition and mandatory enrollment fees for the upcoming academic year
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(2) The public university shall: (a) Establish a process to ensure that the advisory body required under subsection (1) of this section is composed of no fewer than: (A) Two administrators of the university; (B) Two faculty members of the university; (C) Two students representing…
ORS 352.105 Mandatory incidental fees; resolution of disputes. (1)(a) The board for each public university listed in ORS 352.002 shall collect mandatory incidental fees upon the request of the recognized student government under a process established by the recognized student government of a university. The recognized student government shall
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(A) Make a good faith effort to collaborate with the board and president of the university under the board’s control prior to finalizing any process to collect mandatory incidental fees; and (B) Notify the board and president of each process, and any subsequent change to a proces…
ORS 352.107 [2013 c.768 §11; 2015 c.767 §149; 2015 c.774 §38; 2015 c.828 §21; renumbered 352.087 in 2015]
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[Repealed or reserved.]
ORS 352.110 [Amended by 1975 c.693 §5; repealed by 1987 c.246 §8]
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[Repealed or reserved.]
ORS 352.113 Real and personal property held by public universities; legal title; custody; sale and transfer. (1) Legal title to all real property acquired by a public university listed in ORS 352.002 must be taken and held in the name of the State of Oregon, acting by and through the governing board of the public university. Legal title to all real property conveyed to a public university is considered to be conveyed to and vested in the State of Oregon, acting by and through the governing board. Authorized conveyances of all real property, other than university lands, acquired by or vested in the State of Oregon for the use or benefit of the university must be executed in the name of the State of Oregon, acting by and through the governing board, by the chairperson of the governing board
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(2) The governing board has custody and control of and shall care for all real property used for university purposes. Management, maintenance, encumbrance, disposal and preservation of all real property used for university purposes, whether the real property is acquired before or…
ORS 352.118 Establishment of police department; commission of police officers and special campus security officers; authorities. (1) A governing board may, in its sole discretion, do all of the following
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(a) Police, control and regulate traffic and parking of vehicles on university property. (b) Establish a police department and commission one or more employees as police officers in the manner and with all of the privileges and immunities set forth in ORS 352.121. When a governin…
ORS 352.120 [Amended by 1975 c.693 §6; repealed by 1987 c.246 §8]
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[Repealed or reserved.]
ORS 352.121 University police departments and officers; standards. (1) The governing board of a public university listed in ORS 352.002 may 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
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(2) Police officers commissioned under this section: (a) May enforce criminal laws and any administrative rules and policies adopted by the governing board; and (b) Have all the authority and immunity of a peace officer or police officer of this state. (3) When a university estab…
ORS 352.124 Collective bargaining; audits of public accounts. (1) A public university listed in ORS 352.002 shall engage in collective bargaining with local bargaining organizations of the employees of the university
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(2) A public university listed in ORS 352.002 shall participate in a collective bargaining partnership with other public universities in this state for the purpose of engaging in collective bargaining with existing statewide bargaining organizations of the employees of the public…
ORS 352.129 Shared administrative services; continued participation. (1) Public universities listed in ORS 352.002 shall, by agreement, establish a system of shared administrative services for the
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(a) Maintenance of federal tax benefits relating to state bonds issued for the benefit of each public university prior to April 30, 2015; (b) Performance of administrative services relating to the following employee benefits: (A) Group insurance or deferred compensation plans aut…
ORS 352.130 [Repealed by 1987 c.246 §8]
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[Repealed or reserved.]
ORS 352.132 Use of outside counsel; annual reports. (1) A public university listed in ORS 352.002 shall annually make available on the university’s website a report describing the university’s use of outside counsel for legal matters. The report must include
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(a) The types of matters handled by outside counsel; (b) The number of litigation matters handled by outside counsel; and (c) The total amount spent on outside counsel, categorized by type of matter. (2) Reports under this section may be altered to protect the privacy of students…
ORS 352.135 Use and investment of moneys; role of State Treasurer. (1) All moneys collected or received by a public university listed in ORS 352.002, placed to the credit of the governing board of the public university and remaining unexpended and unobligated on July 1, 2014, or the date that the board is established, whichever is later, and all moneys collected or received by a public university after that date, may be
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(a) Deposited into one or more accounts established by the board in depositories insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, and the governing board shall ensure that sufficient collateral secures any amount of funds on deposi…
ORS 352.138 (1) The following entities are not subject to any provision of law enacted after January 1, 2013, that is unique to governmental entities unless the following entities are expressly named
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(a) A public university listed in ORS 352.002; and (b) Any not-for-profit organization or other entity if the equity of the entity is owned or controlled exclusively by a public university and if the organization or entity is created by the university to advance any of the univer…
ORS 352.140 [Amended by 1983 c.740 §117; repealed by 1987 c.246
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§8]
ORS 352.141 Jurisdiction over streets on property owned by or used for public universities. A public university listed in ORS 352.002 may open, establish, lay out and dedicate to the public use any streets through lands owned by or used for the university. When such streets are opened, established and laid out, they are declared to be dedicated to the public use. The university may declare that it is the road authority pursuant to ORS 810.010 (4) for any or all roads through lands owned by or used for the university. [2013 c.768 §17; 2017 c.440 §24]
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[Repealed or reserved.]
ORS 352.146 Faculty; status; powers. The president and professors constitute the faculty and as such have the immediate government and discipline of a public university listed in ORS 352.002 and the students therein, except as otherwise provided by law or action of the governing board of the public university. The faculty may, subject to the supervision of the governing board and ORS 352.089, prescribe the course of study to be pursued in the university and the textbooks to be used. [2013 c.768 §18; 2017 c.440 §25]
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[Repealed or reserved.]
ORS 352.150 [Amended by 1969 c.597 §58; repealed by 1987 c.246 §8]
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[Repealed or reserved.]
ORS 352.152 Authority to sell forest products on public university lands. Notwithstanding the applicable provisions of ORS 279.835 to 279.855, 279A.140 to 279A.161, 279A.250 to 279A.290, 279A.990, 279B.200 to 279B.240, 279B.270, 279B.275, 279B.280, 279C.360, 279C.365, 279C.370, 279C.375, 279C.380, 279C.385, 279C.500 to 279C.530, 279C.540, 279C.545, 279C.600 to 279C.625, 279C.650 to 279C.670 and 279C.800 to 279C.870, the governing board of a public university listed in ORS 352.002 may, in the management of all forestlands under each governing board’s control and supervision, sell the forest products on such lands in the same manner as is provided in ORS 530.059, and for that purpose each governing board shall have the same powers with respect to experimental or research projects in the field of forestland management or for forest product utilization on forestlands under its control as the State Forester has pursuant to the provisions of ORS 530.050 and 530.059. [Formerly 351.155]
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[Repealed or reserved.]
ORS 352.157 Construction and acquisition of buildings and structures. (1) The governing board of a public university listed in ORS 352.002 may undertake the construction of any building or structure for higher education when the governing board conservatively estimates that the public university will have sufficient revenues to pay the operating costs and any indebtedness for the building or structure. For purposes of this section, “revenues” includes all funds available to the governing board except amounts appropriated by the Legislative Assembly from the General Fund. The governing board may enter into contracts for the acquisition, erection, improvement, repair, equipping and furnishing of buildings and structures for dormitories, housing, boarding, off-street motor vehicle parking facilities and other purposes for higher education pursuant to Article XI-F(1) of the Oregon Constitution and ORS 352.157 to 352.171
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(2) The governing board may also undertake the acquisition or construction of those buildings and structures that the Legislative Assembly has determined will benefit higher education institutions or activities, and may enter into contracts with persons, firms or corporations for…
ORS 352.160 [Repealed by 1961 c.238 §1]
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[Repealed or reserved.]
ORS 352.163 Rates, charges and fees for use of buildings, structures and projects. A public university listed in ORS 352.002 may establish rates, charges and fees for use of buildings, structures and projects under its control. The rates and charges shall be sufficient, in the judgment of the governing board of the university and with other available revenues, as defined in ORS 352.157, to pay the operating costs and any indebtedness for the buildings, structures and projects. [Formerly 351.170]
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[Repealed or reserved.]
ORS 352.165 [1973 c.644 §1; repealed by 1987 c.246 §8]
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[Repealed or reserved.]
ORS 352.167 [1973 c.644 §2; repealed by 1987 c.246 §8]
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[Repealed or reserved.]
ORS 352.170 [Repealed by 1957 c.595 §3]
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[Repealed or reserved.]
ORS 352.171 Insurance for buildings, structures and projects. The governing board of a public university listed in ORS 352.002 may cause the buildings, structures or projects referred to in ORS 352.157 and 352.163 and the equipment and furnishings therein and the appurtenances thereto to be insured against fire and other hazards in such sums as will protect the holders of the outstanding bonds issued to finance the cost thereof. Such insurance shall be in lieu of that afforded by the Insurance Fund, without right of insurers, in the event of loss, to subrogation to or contribution from said fund. [Formerly 351.180]
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[Repealed or reserved.]
ORS 352.173 [1973 c.644 §3; repealed by 1987 c.246 §8]
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[Repealed or reserved.]
ORS 352.175 [1973 c.644 §4; repealed by 1987 c.246 §8]
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[Repealed or reserved.]
ORS 352.176 [Formerly 352.043; renumbered 352.605 in 2015]
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[Repealed or reserved.]
ORS 352.180 [Repealed by 1957 c.595 §3]
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[Repealed or reserved.]
ORS 352.181 [Formerly 352.045; renumbered 352.612 in 2015]
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[Repealed or reserved.]
ORS 352.185 [Amended by 1957 c.595 §2; repealed by 1961 c.238 §1]
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[Repealed or reserved.]
ORS 352.186 [Formerly 352.046; renumbered 352.618 in 2015]
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(Employment Policies)
ORS 352.189 Political or sectarian tests prohibited in appointment of faculty or employees. A political or sectarian test may not be allowed or applied in the appointment of faculty and other employees of a public university listed in ORS 352.002. [Formerly 352.006]
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[Repealed or reserved.]
ORS 352.190 [Amended by 1953 c.720 §3; repealed by 1955 c.12 §5]
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[Repealed or reserved.]
ORS 352.191 [Formerly 352.063; 2015 c.767 §151; renumbered 352.668 in 2015]
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[Repealed or reserved.]
ORS 352.195 [1955 c.12 §§1,3,4; 1969 c.6 §1; 1977 c.144 §1; repealed by 1987 c.246 §8]
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[Repealed or reserved.]
ORS 352.196 [Formerly 352.066; renumbered 352.678 in 2015]
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[Repealed or reserved.]