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”) involve academic matters as commonly understood in higher education; and

1.3 WHEREAS, certain 580 rules need to become University of Oregon policies, but need to be amended prior to adoption; and

1.4 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with a governing board that are in effect on the effective date of this 2013 Act continue in effect until lawfully superseded or repealed by the standards or policies of the governing board or the university [emphasis added]; and

1.5 WHEREAS, linkages and comments are provided on the Senate’s “Master List” of rules and policies, including unique, easy-to-track identifying numbers (see Policies of Senate Interest Excel workbook),

Section II

2.1 BE IT HEREBY MOVED that the nine Rules (228, 229, 231, 232, 233, 234, 237, 241, 242) (OAR: 580.015.0010, 580.015.0015, 580.015.0025, 580.015.0030, 580.015.0035, 580.015.0040, 580.015.0055, 580.015.0075, 580.015.0080) be amended as follows and enacted as a regular University of Oregon Policy:

University of Oregon Polices on Discrimination

[POLICY 580.015.0010] (Note: 580 numbers included for reference, but to be deleted upon adoption)
A.) Definitions:

 

(1) "Discrimination" means any act that either in form or operation, and whether intended or unintended, unreasonably differentiates among persons on the basis of age, disability, national origin, race, marital status, religion, sex, sexual orientation or gender identity.

(2) "Sexual harassment" means any sexual advance, any request for sexual favors or other verbal or physical conduct of a sexual nature by a University of Oregon employee when:

(a) Submission to such advances, requests or conduct is made either explicitly or implicitly a term or condition of a student's employment or academic experience; or

(b) Submission to or rejection of such advances, requests or conduct by a student is used as a basis or condition for employment and/or academic decisions affecting the student; or

(c) Such conduct interferes with the work or academic performance of a student because it has created an intimidating, hostile or offensive working or academic environment for the student who is the object of the conduct and a reasonable person of that student's gender would have been affected similarly to the student.

(3) "Other prohibited harassment" means verbal or physical conduct by any OSSHE University of Oregon employee based on a student's age, disability, national origin, race, marital status, religion or sexual orientation would have been affected similarly to the student.

[POLICY 580.015.0015]
B.) Discrimination Prohibited:

No person shall be subjected to discrimination in any University of Oregon program or service, school or interschool activity where the program, service, school or activity is financed in whole or in part by monies appropriated by the Legislative Assembly of the State of Oregon. University of Oregon regularly publicizes, and shall maintain, a procedure for redressing the grievances of persons who are subject to discrimination. This policy does not apply to claims of discrimination in employment, promotion, tenure or termination of employment except student employment [insert appropriate cross-reference].

[POLICY 580.015.0025]
C.) Discrimination in Admissions Prohibited:

 

(1) No person shall, on a prohibited basis, be denied admission or be subject to discrimination in admission.

(2) Each school, department or college at the University of Oregon, that has an independent admissions process, or one supplementary to the institution admissions process, is considered an administratively separate unit for admission purposes and may not discriminate unreasonably on any of the prohibited bases (i.e., age, sex, sexual orientation, marital status, disability, national origin, race, religion).

(3) No test or other criterion for admission that unreasonably differentiates among individuals on a prohibited basis shall be used, unless the use of the test or criterion is shown to be a valid means of predicting success in the educational program, and other suitable tests or criteria not having such an adverse effect are shown to be unavailable.

(4) No preference in admission shall be given one person over another on a prohibited basis, such as by ranking individuals on a prohibited basis.

(5) Numerical limitations on the number or proportion of persons to be admitted may not be established on a prohibited basis.

(6) In making admissions decisions, the University of Oregon, its schools, departments or colleges:

(a) Shall not apply any rule concerning marital, parental or family status of an applicant or student that treats individuals differently on a prohibited basis;

(b) Shall not consider pregnancy, childbirth, termination of pregnancy or recovery therefrom to determine eligibility for admission, unless on a case‐by‐case basis the health of an individual relates directly to the capacity to participate effectively in activities necessary to the program.

Such determinations shall be treated no differently than other health conditions; (c) Shall not make pre‐admission inquiry as to marital status of an applicant for admission, including whether such applicant is "Miss," “Ms” or "Mrs."

[POLICY 580.015.0030]
D.) Discrimination in Recruitment Prohibited:

 

(1) In recruiting students, the University of Oregon and all of its schools, departments and colleges, shall not unreasonably differentiate among individuals on a prohibited basis.

(2) The University of Oregon and all of its schools, departments and colleges, shall not recruit primarily or exclusively from schools or other educational institutions that admit students predominantly on a prohibited basis, if such actions result in discriminatory enrollment.

[POLICY 580.015.0035]
E.) Discrimination in Educational Programs and Activities Prohibited:

(1) No individual shall, on a prohibited basis, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other educational program or activity operated by the University of Oregon, or, although not operated by the University of Oregon, is required of students by the University of Oregon.

(2) In providing aid, benefit, or service to students, the University of Oregon shall not discriminate on a prohibited basis, except where differential treatment is not unreasonable as outlined within this policy below. [or insert appropriate cross-reference].

[POLICY 580.015.0040]
F.) Discrimination in Access to Course Offerings Prohibited:

 

There shall be no unreasonable differentiation among individuals on a prohibited basis in access to classes, courses of study or other educational programs or activities offered by the University of Oregon, provided, however, that:

(1) Students may be grouped within physical education classes and activities by objectively measured ability. They may also be separated by sex within classes during participation in bodily contact sports. Curricula serving the particular activity needs of males or those of females may be offered, but enrollment may not be restricted on a prohibited basis.

(2) Physical education classes may use different standards for measuring skills and progress if use of a single standard would, on a prohibited basis, have an adverse effect on persons, or on the likelihood of their participation.

(3) Theater, dance, choral music and other artistic activities may differentiate participants in roles on the basis of sex if necessary to achieve specific artistic objectives.

[POLICY 580.015.0055]
G.) Comparable Facilities will be provided:

 

(1) Separate rest rooms, change and locker rooms, showers, baths and toilet facilities, provided on the basis of sex, must be reasonably comparable in convenience and quality.

(2) The University of Oregon, and all its schools, departments and colleges should ensure reasonable access by persons with disabilities to facilities including classrooms, locker rooms, showers and rest rooms.

[POLICY 580.015.0075]
H.) Discrimination based on Marital or Parental Status Prohibited:

 

(1) Any rule dealing with marital, parental or family status must be applied equally to men and women students.

(2)(a) The University of Oregon shall not discriminate against any student, or exclude any student from an educational program or activity, including any class or extracurricular activity on the basis of such student's pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom, unless the student requests voluntarily to participate in a separate portion of the program or activity; (b) The University of Oregon may require the student to obtain the certification of a physician that the student is physically and emotionally able to continue participation in the normal educational program or activity so long as certification is required of all students for other physical or emotional conditions requiring the attention of a physician. In such cases, the institution may require reasonable efforts by the affected individual to secure appropriate health insurance coverage or to hold the institution harmless from consequences flowing from error or misdiagnosis on the part of the student's physician.

(3) Pregnancy, termination of pregnancy or related conditions must be treated the same as other temporary disabilities. Whatever benefits and services are available to students who are temporarily disabled, including medical services and leaves of absence, shall apply equally to pregnancy‐related disabilities.

(4) The University of Oregon may maintain, on an elective basis only, educational programs or activities specifically for pregnant students. When such programs and activities are maintained, the University of Oregon shall assure that they are comparable in quality to those offered nonpregnant students.

(5) The University of Oregon shall consider pregnancy and pregnancy‐related conditions a justification for a leave of absence for so long a period of time as is deemed medically necessary by the student's physician, at the conclusion of which the student shall be reinstated to the status that she held when the leave began.

[POLICY 580.015.0080]
I.) Discrimination in Athletics Prohibited:

 

(1) No person shall, on a prohibited basis, be excluded from participation in or be treated differently from another person, or otherwise be discriminated against in any intercollegiate, club, recreational or intramural athletics offered by the University of Oregon, except as provided below:

(a) Intercollegiate and club sports, where team selection is based on competitive skills, may have separate teams based on sex or physical disability;

(b) If only one team is offered in a noncontact sport, students may not, on a prohibited basis, be excluded from trying out;

(c) If only one team is offered in a bodily contact sport, members of the excluded sex need not be allowed to try out;

(d) Noncontact intramural and recreational sports, where team selection is not competitive, must be offered on a coeducational basis. Separate teams may be offered for contact intramural and recreational sports.

(2) The University of Oregon shall not, in the provision of athletic opportunities, unreasonably differentiate among individuals on a prohibited basis.

(3) In assessing the total athletic opportunity provided, institutions shall be guided by regulations implementing Title IX of the Educational Amendments of 1972 and shall assess at least the following:

(a) Appropriateness of equipment and supplies;

(b) Games and practice schedules;

(c) Travel and per diem allowances;

(d) Opportunity for coaching and academic tutoring;

(e) Coaches and tutors;

(f) Locker rooms, practice and competitive facilities;

(g) Medical and training services;

(h) Housing and dining facilities and services;

(i) Publicity.

(4) Athletic expenditures need not be equal but the pattern of expenditures must not result in a disparate effect on opportunity. The University of Oregon may not discriminate in the provision of necessary equipment, supplies, facilities, and publicity for sports programs.

***See adoption notes at the end of each existing "580 rule."

Amended on the floor to include the word "gender" before the word "identity" in section A (1) of policy 580.015.0010. One nay vote. Passed.