Sponsors
Senate Executive Committee
Motion
Section I 1.1 WHEREAS, the transition to a new Board of Trustees for the University under the law popularly known as Senate Bill 270 of 2013 removed the State Board of Higher Education as a future source of policies for the University of Oregon; and 1.2 WHEREAS, a number of rules adopted by the State Board of Higher Education in the past (primarily known as “Oregon Administrative Rules 580-[various]” or herein as “580 rules” (contained within http://policies.uoregon.edu/sites/policies.uoregon.edu/files/uploads/OAR%20580%20-%20Division%2022.pdf) and as “Oregon Administrative Rules 166-[various]” or herein as “166 rules” (contained within http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_166/166_475.html) involve academic matters as commonly understood in higher education; and 1.3 WHEREAS, the University of Oregon has its own rules (primarily known as “Oregon Administrative Rules 571-[various]” or herein as “571 rules”) (contained within http://policies.uoregon.edu/sites/policies.uoregon.edu/files/uploads/OAR%20571%20-%20Division%2030.pdf); and 1.4 WHEREAS, the Senate Executive Committee has reviewed certain “580 rules” of the old State Board regarding Faculty Records and found their topics, issues, and protections adequately covered by substantially equivalent “571 rules” of the University; and 1.5 WHEREAS, the Senate Executive Committee has reviewed certain “580 rules” and “166 rules” of the old State Board regarding Record Retention Requirements and Faculty Records and found their topics, issues, and protections not adequately covered by any equivalent “571 rules” of the University; and 1.6 WHEREAS, Section 170 (8) of Senate Bill 270 provides: (8) Notwithstanding any other provision of this section, the lawfully adopted rules and policies of the State Board of Higher Education pertaining to a university with a governing board that are in effect on the effective date of this 2013 Act continue in effect until lawfully superseded or repealed by the standards or policies of the governing board or the university [emphasis added]; and 1.7 WHEREAS, the President of the University of Oregon adopted all old “571 rules” as University policies on June 18, 2014 (see document signed by President Gottfredson, available at https://trustees.uoregon.edu/sites/trustees2.wc-sites.uoregon.edu/files/field/image/Adoption%20of%20Former%20Oregon%20Adminstrative%20Rules%20Chapter%20571%20As%20Policies%20of%20the%20University%20of%20Oregon%20-%20June%2018%2C%202014.pdf); and 1.8 WHEREAS, the Senate Executive Committee has taken a “Master List” of rules and policies, added a unique, easy-to-track identifying number to each one, and created a series of subject-matter tabs to help pull rules together under each tab (see Policies of Senate Interest Excel workbook), Section II 2.1 BE IT HEREBY MOVED that the following 12 “580 rules” (contained within http://policies.uoregon.edu/sites/policies.uoregon.edu/files/uploads/OAR%20580%20-%20Division%2022.pdf) are hereby repealed by the University of Oregon Senate (upon subsequent assent by the University President): 350 OAR 580-022-0060 Institutional Rules 351 OAR 580-022-0065 Definitions 352 OAR 580-022-0070 Limits on Records to Be Maintained 353 OAR 580-022-0075 Confidential Information Relating to Employed Faculty Not to Be Sought Nor Accepted 354 OAR 580-022-0080 Certain Information Not Required to Be Given by Faculty Members 355 OAR 580-022-0085 Locations and Custody of Faculty Recoreds 356 OAR 580-022-0090 Release of and Access to Faculty Records 357 OAR 580-022-0095 Confidential Records -- Restrictions on Release 358 OAR 580-022-0100 Access to Files by Faculty Members 359 OAR 580-022-0105 Entry into File of Comments, Explanations and Rebuttals 362 OAR 580-022-0120 Availability of Faculty Records for Research Purposes 363 OAR 580-022-0125 Permanence, Duplication, and Disposal of Faculty Records 2.2 BE IT FURTHER MOVED that the following 10 “571 rules” (contained within http://policies.uoregon.edu/sites/policies.uoregon.edu/files/uploads/OAR%20571%20-%20Division%2030.pdf) have been reviewed by the Senate, have been found to be adequate, are hereby endorsed by the University Senate, and the President is requested to record this endorsement in an appropriate place in the Policy Library, both online and in other files: 140 OAR 571-030-0005 Authority 141 OAR 571-030-0010 Definitions 142 OAR 571-030-0015 Faculty Records -- Restrictions on Use 143 OAR 571-030-0020 Faculty Records -- Restrictions on Contents 144 OAR 571-030-0025 Personal Records -- Restrictions on Access 145 OAR 571-030-0030 Personal Records -- Access by Subject Faculty Member 146 OAR 571-030-0035 Personal Records -- Access for Research Purpose 147 OAR 571-030-0040 Personal Records -- Location and Custody 148 OAR 571-030-0045 Personal Records -- Permanence, Duplication, and Disposal 149 OAR 571-030-0050 Fee for Copies 2.3 BE IT FURTHER MOVED that the following additional 2 “166 rules” (contained within http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_166/166_475.html) and 2 “580 rules” (contained within http://policies.uoregon.edu/sites/policies.uoregon.edu/files/uploads/OAR%20580%20-%20Division%2022.pdf) inherited from the Oregon University System (State Board of Higher Education) be enacted as regular University of Oregon Faculty Records policies and Record Retention policies: 20 OAR 166-475-0095 Personnel Records [records retention requirements] 21 OAR 166-475-0100 Publications, Promotions and Alumni Records [records retention requirements] 360 OAR 580-022-0110 Retention of Evaluative Materials Concerning Candidates for Possible Employment 361 OAR 580-022-0115 Availability to Faculty Members of Objective Information Concerning Categories of Staff
Financial Impact
Cost neutral, or positive due to reduced confusion.