The general conditions of appointment for faculty at the University of Oregon are spelled out in the State Board's Administrative Rules OAR 580 Chapters 20, 21, 22 and 43, in University of Oregon administrative rules OAR 571 Chapters 3, 4 and 30, and in the University of Oregon Policy Statements. Conditions of appointment are different in each of the three categories of academic appointment, and vary to some extent within the categories. The following material attempts to summarize the conditions applicable to most academic appointments, but is not intended to be exhaustive or to be the most authoritative resource for faculty members with questions about their positions at the University of Oregon. The best source of individual information is usually the department head or immediate supervisor. Even so, familiarity with the applicable material below should answer a number of fundamental questions.

The University of Oregon has a long and illustrious history in the area of academic freedom and freedom of speech. Most recently the university’s students established a free-speech plaza at the EMU where anyone can come and express views. Each year the faculty bestows a free speech award in the honor and memory of former university president, Charles Johnson, who advocated for freedom of speech for dissenters during the Vietnam War.

The State Board of Higher Education has promulgated the following rule outlining the rights and responsibilities related to Academic Freedom:

"(1) All teachers in OUS institutions are entitled to freedom in the classroom in discussing subjects, but they should be careful not to introduce into their teaching controversial matter that has no relation to the subject.

(2) As a matter of policy the Board does not attempt to control or sway the personal opinion of any person on the faculty or otherwise on the payroll of any of the institutions or divisions, nor the public expression of that opinion. In the exercise of this freedom of expression, faculty members should manifest appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not institutional spokesmen."

The rule is short and simple and leaves many questions unanswered. What kinds of things have no relation to the subject? What kinds of behavior show disrespect for the opinions of others? What are the exceptions to the rules? The best guidance is that of the senior faculty in the discipline, but often issues of academic freedom come into an instructional context in ways that are not planned. World events may have little to do with algebra, but such topics may come up and challenge even the most experienced teachers. Good judgment about proper behavior before a practically captive audience, and a willingness to discuss less related subjects with students outside the class will usually satisfy the responsibilities imposed by the rule. Faculty are encouraged to consult with colleagues and to use university resources for strategies that assure freedom of expression in ways that support diversity and civility of discourse in all venues.

The state board rule does not speak to freedom in research. However the university faculty has addressed itself to this issue in our longstanding practices of not conducting classified research on university property or with university facilities. This position has been adopted in order to promote the free exchange of ideas essential to the missions of universities.

The faculty and administration have adopted policy on misconduct in research described later in this chapter.

Campus Speakers The university endorses the principle that it is, by definition, a place of free inquiry. Without freedom to seek information in the library, in the classroom, in field studies, or in the words of campus speakers, the objectives of a university cannot be achieved. In accordance with this basic principle of freedom to seek information wherever it may be found, any registered employee group and any registered or recognized student group may invite to the campus any speaker the group would like to hear. The appearance of any invited speaker on the campus does not involve an endorsement of the speaker’s views by the university. Any such appearance is subject to reasonable rules and requirements respecting time, place, and manner of the proposed appearance, the availability of adequate facilities, and the bona fide educational priorities of the institution.

Under the state board's contracting rules, speakers are independent contractors with the right to use the podium within the terms of the contract. A speaker's behavior is limited by the state board's rules on proscribed behavior (OAR 580-22-045).

Campus Visitors The university campus belongs to the state of Oregon, and many of its spaces and facilities are open to the public. Members of the public have many opportunities to take part in university activities and to participate in discussion. In these venues, the same freedom of expression is extended to visitors as is available to students and university employees. Visitors to the university are welcome but while they are on the campus they are expected to abide by university regulations and the ordinances, laws, and regulations of the city, county, and state.

The state board's rules address themselves in some detail to the rights and responsibilities of university employees within the political sphere. The faculty members, like all university employees, are Oregon state employees—public employees. Their relationships with state and local government are often a matter of state law. In Oregon, state employees are encouraged to take an active role as citizens in the body politic. However, state employees who speak out on political issues must do so as private citizens. They may not represent their views as representing any state institution. The board has set out its guidance as follows:

The general rule is stated in ORS 260.432(2), which provides: ‘No public employee shall solicit any money, influence, service, or other thing of value or otherwise promote any political committee or promote or oppose the nomination or election of a candidate, the adoption of a measure or the recall of a public office holder while on the job during working hours. However, this section does not restrict the right of a public employee to express personal political views.’

In addition, ORS 294.100 prohibits the spending of public money ‘for any other or different purpose than provided by law.’ The expenditure of money to advocate passage or defeat of a ballot measure or election of a candidate is not authorized by law and, thus, is prohibited.

All public employees, including state employees (except elected officials), are subject to the limitations in the statutes cited above.

Public funds (which include the use of staff time) may be expended to inform voters of facts relevant to an election issue but may not be expended (including staff time) to advocate one side or the other of an issue.

Public Activities 580-22-010

(1) Although there is no prohibition against active participation by OUS employees in various community and public affairs, it is expected that time given to such activities shall not interfere with the duties of the employees concerned.

(2) No employee shall take action that might be construed as committing the institution or the board to a position on public issues.

The president’s general counsel has clarified that while campaign buttons attached to clothing are acceptable and do not violate the statutes, the mounting of posters, fliers, decals, buttons, etc., on walls, doors, or windows on university property is not permitted.

(1) In accordance with the Oregon Constitution, it is board policy to allow employees to seek political office and to serve in the event of election. Before an employee shall become a candidate for any public office, whether for a salaried or non-salaried position, the employee is expected to consult with the president.

(2) Political activity shall in no way interfere with the performance of the major duties prescribed by the board and the presidents.

(3) Because circumstances under which a campaign is conducted will vary widely depending on the nature of the elective office and the extent of opposition, the determination of whether an employee may continue full-time duties while conducting or engaged in a campaign rests with the employee's president. In the event of election to the state legislature an employee normally will be placed on leave of absence without pay during the period of full-time responsibility. If elected or appointed to a full-time salaried office, the employee may be placed on leave of absence without pay during the term of office or may be required to resign.

(1) Except for the chancellor and designees, no employee of the Oregon University System (OUS) is authorized to represent the OUS, including any institution or other activity thereof, to the legislature, its members, or committees, to the Office of the Governor, and to the Executive Department and its Divisions.

(2) Nothing in this rule shall be construed as inhibiting an employee of OUS from exercising the right of citizenship in a personal capacity, or be construed as inhibiting any employee of OUS from appearing before a body of state government identified in this rule in response to a request from that body.

(3) Faculty members are authorized to visit the legislative sessions and hearings with students in the interests of furthering the effectiveness of organized class work, or to respond to requests from the legislature for establishment and maintenance of special involvements such as student intern programs.

While freedom of inquiry is protected by the university and the state board's policies on academic freedom, the faculty of the University of Oregon has a longstanding practice of not accepting classified research. The university's research office does not process any grant or contract application if any portion of the intended research is classified, or if there is a reasonable likelihood that any part of the research will become classified in the future. If any research underway becomes classified, the research is terminated within a reasonable time, unless an appeal seeking declassification is pending.

In this policy, the university's faculty relies on the belief that freedom of discussion and the sharing of research results is fundamental to academic freedom. Classified research cannot be discussed and shared, and so the policy of open and free inquiry is violated.

A faculty member has the right, despite this policy, to conduct classified research as a private contractor, so long as such activities do not produce a conflict of interest or exceed the limitations on outside activities.

The University of Oregon recognizes that participation in professional activities and consultation by faculty with outside organizations can be valuable, contributing to the knowledge and experience of the faculty member and strengthening the university. However, the university requires that a faculty member's efforts be directed toward her or his responsibilities as a member of the faculty, be they teaching, research, artistic development and scholarship, or academic management and administration. For full-time faculty, outside employment or consulting assignments for salary or honorarium are permitted under the following conditions: a) if the outside employment does not exceed one day in seven during the academic year, b) if the employment does not interfere with the faculty member's ability to fulfill all university duties, c) if the employment in no way discredits the university, d) if use of university services and facilities is not involved, and e) if the faculty member does not appear to be an agent of the university. Faculty members must have the approval of the supervising dean or department head before undertaking outside employment.

Conflicts of interest arise not only when a faculty member's outside activities begin to detract from her or his primary responsibilities to the institution; they also can arise when these outside activities create for the faculty member a business relationship or the real possibility of a business relationship with the university. A personal or monetary interest in university purchasing and procurement is a likely conflict of interest. Conflicts may also arise in the distribution of information to which a faculty member has special access.

Faculty clearing proposals through the Office of Research Services and Administration must declare significant financial and personal interests that do not compromise or appear to compromise the integrity of research conduct and the reporting of results.

Significant financial and personal interests include but are not limited to any salaries, payments, equity (shares of ownership), gifts or payments (consulting fees, honoraria), or intellectual property rights (e.g., receipt of royalties from patents and licenses) valued at more than $10,000 a year in income, or represent more than a 5 percent stake in an enterprise that may compromise, or appear to compromise, the integrity of research conduct and reporting of results. Included are the holdings of principal investigators and key research personnel (those responsible for the conduct and reporting of research results), their spouses, and dependent children.

When a university employee has doubts about the suitability of certain actions or relationships, he or she should consult with knowledgeable individuals in the department, school, or in the senior administration. The vice provost for research can advise in circumstances of potential conflicts arising in the area of research and scholarship.

Sexual Relationships and Abuses of Power It is in the university’s interest and promotes its educational mission to provide clear direction about the professional risks and serious harms which are associated with sexual relationships in which a power differential exists between the parties involved. Sexual relationships between employees of the university and people over whom they have supervisory, evaluative or other power involve conflicts of interest and abuses of power. The university community developed policies that define these conflicts of interest, abuses of power, and unprofessional behaviors. These policies establish complaint processes and sanctions, and identify assistance and intervention resources to eliminate or substantially mitigate such conflicts of interest.

All non-tenured faculty members are appointed for a fixed term, normally of one, two, or three years. Shorter-term appointments for a special purpose, or in non-regular positions, or where funding is based on non-recurring funds are also possible. The length of the initial appointment is determined prior to the search, and must be approved by the appropriate vice president. A person with a fixed-term appointment is said to be on a fixed-term contract.

Appointees to regular faculty positions who perform as expected are often offered subsequent fixed-term appointments. However, in offering a fixed-term appointment, the university is agreeing only to continue the appointment through the term offered. An appointee has no assurance of continued employment beyond that time. However, if the university decides to let an appointment expire without renewal, it will normally give the incumbent timely notice of that decision.

The appointment of a faculty member on a fixed-term contract may be terminated during the term of that contract only in situations of financial exigency or for cause.

Under state board rules, each tenure-related faculty member shall receive a performance evaluation at the end of each year of the probationary period. Tenured faculty should also receive periodic reviews of their performance. University policy requires that comprehensive post-tenure reviews be conducted every six years by a committee of peers for full-time faculty members holding the rank of associate or full professor. The faculty member's immediate supervisor is responsible for conducting the evaluation, and for discussing it with the faculty member. The main points of the evaluation are to be in writing and are to be placed in the faculty member's permanent personnel file maintained by the department. The faculty member must sign the evaluation to indicate that he or she has read it. A signature does not indicate agreement. The evaluation discussion is intended to be a discussion—an opportunity for the faculty member to learn more about performance expectations and to acquaint the department more fully with the activities and achievements and future plans of the faculty member. If a faculty member desires to respond to something in the evaluation, there are provisions for written response and an appeal process.

Most teaching faculty are appointed on a nine-month contract year. For faculty in the School of Law, the nine-month year runs from August 16 through May 15. For other nine-month faculty it runs from September 16 through June 15.

The university, in recognition of special requirements of particular appointments, may offer appointment for a longer period than nine months if such an appointment best represents the term of active service.

Most full-time administrative and research faculty are appointed for twelve months. The twelve-month year usually begins on July 1 and continues through June 30. When a nine-month faculty member takes on a twelve-month position, the salary is calculated on the basis of eleven-ninths, taking into consideration the one-month vacation period allocated full-time twelve-month faculty.

Each member of the university faculty has a personnel file. In fact, the university maintains several personnel files on each faculty member. The first is located in the faculty member's department or divisional office; the second is in the office of the dean or next-level supervisor if that is a different location. The third file is in the Office of Resource Management. There is also a file in the Office of Human Resources with benefits records.

In most schools and colleges, the file in the dean or director’s office is considered to be the most comprehensive and central. The file in the local department or division is the main source for the central file, and it is from this file that major evaluations are developed. The file in the Office of Resource Management is used almost exclusively to keep track of salary, leave status, employee benefit options, and other administrative and non-evaluative information.

The three copies of the personnel file are maintained during the period of appointment at the university and for a reasonable time thereafter as determined under state records law and OUS and institutional policies. Information in the file may be selected out to be retained for the purpose of maintaining an accurate historical record of the institution, but any confidential information may not be released after the faculty member leaves the university’s employ. Other information not so retained must be destroyed.

What goes into the Personnel File Collection of faculty records begins when an individual becomes a potential candidate for a faculty position at the university. Pre-employment evaluative information is collected for the purposes of the search and selection process. The information collected about those not appointed is placed in a confidential file related to the search and is maintained according to the requirements of state and university records policies, including affirmative action and equal opportunity policies. The information collected about the individual appointed becomes the basis of the new faculty member's personnel file.

Information related to the details of the appointment and conditions of employment, work assignments, rank, title, salary history, curriculum vitae, annual evaluations, student and peer evaluations of teaching, correspondence concerning promotion, tenure, contract renewal, post-tenure review, and any disciplinary actions and/or written reprimands all go into the personnel file. The file may only contain evaluative information attributed to the individual submitting it, except that statistical information collected through an approved student course evaluation process may be included.

Promotion and Tenure Files In addition to the permanent personnel file, information regarding the performance of a faculty member is periodically assembled for the purpose of evaluating the individual for promotion and/or the granting of indefinite tenure. The personnel file maintained at the department level typically serves as the source of primary information for the promotion/tenure file. Relevant information about the faculty member (vita, teaching evaluations, etc.), together with written evaluations from both external and internal referees are carefully reviewed by departmental, school, college, and university personnel committees, the dean and the provost. Additional information regarding the content of promotion/tenure files can be found in the document A Faculty Guide to Promotion and Tenure at the University of Oregon. In contrast to the personnel file, a promotion/tenure file has a relatively short life, being maintained for a shorter period of time at the department and college levels and in the Office of Academic Affairs.

Access by Third Parties Under state law and state board and university rules, the faculty members at the University of Oregon are entitled to considerable privacy in their personnel files. The state board's rules regarding faculty records are in OAR 580-22-060 through 125, and the university's rules are in OAR 571-30-005 through 050. Faculty members with questions about the university's faculty records policies and procedures should consult these rules.

Because faculty members are public employees, certain information is available to the public and cannot be held confidential. The university, as a public body in the state of Oregon, is subject to strict public-records legislation that makes much of the record of its activities open for examination by the public. The performance records of individual faculty members (but not their financial relationship with the institution) are an exception to the public records act. Information about a faculty member that is confidential under state law may only be released by the university with the permission of the faculty member concerned.

The university may and, upon request, must publish certain information about its employees. For example, directory information such as that appearing in the university's catalogs and telephone books; the record of academic achievement as reflected in the institutions attended, degrees, honors and awards earned; the amount of salary, the source of funds, and other terms and conditions of employment; and tabulated statistical student evaluation information are all made public on a routine basis. All other information is considered personal and is held to be confidential.

Unless permission is granted, confidential records are available only to third parties with a legitimate and demonstrable need to have access to the information. Those with a need to know are those within the institution whose official responsibilities require access to the personal information. Those who are charged with personnel evaluation and those charged with maintaining the records have access to the records without the permission of the faculty member. The release of confidential information to others requires the faculty member's prior permission. Provision is made within the rules to release confidential information without permission if such information is demanded under a valid subpoena.

Access to One's Own File Faculty members have a right to review all the information contained in their own personnel files with two exceptions. First, a faculty member may see only that information that does not disclose the sender's identity in the case of pre-employment letters of reference or recommendation sought by the university with assurance of confidentiality. Second, faculty members may see only those portions of any letters sought with assurances of confidentiality and received before July 1, 1975, that do not disclose the identity of the sender. Everything else in the file must be made available to the faculty member within a reasonable time upon request, and the faculty member has a right to enter comments on, explanations of, and rebuttals to all this information.

A faculty member may waive the right to see material in his or her personnel or promotion file. Prior to any effort to solicit evaluative materials concerning the faculty member, the university will give the faculty member the opportunity to decide whether and to what extent he or she wishes to waive the right of access to these evaluative materials. The individuals whose opinions are solicited are informed whether or not their submissions may be reviewed by the faculty member.

The University of Oregon has developed a comprehensive grievance process to handle faculty complaints on all employment-related issues. The process was developed to comply with the requirements of the state board's rules OAR 580-21-050 and 055. The process itself is described in OAR 571-03-000 through 017. Faculty members with questions about the grievance process should read these rules or seek counsel from the university's grievance counselor, located in the affirmative action and equal opportunity office.

Informal Resolution of Complaints Ideally, all complaints and disagreements should be subject to informal resolution, but experience shows that this is not always the case. In a normal situation, a faculty member who believes there has been a mistake, unfairness, or a violation of policy as it applies to him or her will bring this matter to the attention of the immediate supervisor or the university officer whose action apparently is causing the problem. If it turns out there is a real difference of opinion and no resolution is offered, the faculty member may pursue informal processes to take the matter to a higher authority, or may enter the formal grievance process. It is the university's goal that the informal process is used to resolve most difficulties, but it is for the aggrieved faculty member to decide whether to pursue informal processes or to move directly into a formal grievance situation.

An individual with a potential grievance needs to be aware of the timetables set up in the formal grievance process. The timetables are designed to process a grievance within a reasonable amount of time and allow a complainant access to the Oregon courts if the issue is not resolved within the university or by the state board. Therefore the process requires that any formal grievance be properly submitted within 45 days of the time the faculty member knows or by reasonable diligence should have known of the event or act. This is true whether or not steps are taken toward informal resolutions of the problem. Exceptions to the time limit include the following: ninety days for appeal of failure to grant promotion or tenure; 180 days for allegations of prohibited discrimination as defined by OAR 571-03-025 (1)(c); 365 days for allegations of discriminatory harassment, including sexual harassment.

When the issue is the denial of promotion and/or tenure, there is a special "informal" process. In this situation, a faculty member has a choice of using the informal process or the formal process, not both. If, in this situation, the faculty member chooses the informal process, the promotion and/or tenure file will be resubmitted at the committee levels. If no school or college committee exists, then the case is presented to a three-member sub-committee of the current Faculty Personnel Committee. The only issues that may be considered are:

The review committee recommends action to the provost, and the provost then decides. There is no appeal beyond the provost in this informal resolution process.

Formal Grievance Processes Formal grievances are divided into three categories: denial of promotion and tenure, non-renewal of a fixed term contract, and general grievances. When a faculty member enters the formal grievance process, he or she may request that a second faculty member be appointed as a grievance counselor. The counselor can offer advice in putting the complaint together and can serve as a liaison between the faculty member and those involved in evaluating the complaint.

A formal grievance must be submitted in writing within 45 days of the grievance-prompting event to the person grieved against and to that person's immediate supervisor. This is step one. The process rules provide details about what kinds of information must be included in a written formal complaint. The first supervisor must reply within 20 days of receiving the complaint.

If the situation is such that the first supervisor is a vice president, then the matter will begin formally at step two.

If the matter is not settled at the first step, it may proceed to the second step, in which the complainant makes a choice between submitting the issue to the appropriate vice president (as determined by the chain of command), or to the grievance appeal committee. The grievance appeal committee is a group of five faculty members elected by the faculty at large. If the complainant chooses to appeal to the vice president, that officer will work with the parties to develop a record upon which to base a decision. The vice president may decide to have an in-person hearing with oral testimony, or may decide to collect written information and interviews and then decide. Both parties have full access to the record upon which the vice president bases his or her decision. The vice president must deliver a decision in writing to the complainant within 30 days.

If the complainant opts for the committee, an in-person hearing is usually held. The process rules lay out the nature of the hearing in some detail. The committee has 60 days to deliver a decision to both parties.

If the vice president is the decision-maker, a complainant who is not satisfied with the decision may appeal to the president of the university. If the committee is the decision-maker, either party or both may appeal the decision to the president. This is step three.

If the situation is such that the first supervisor is the president, then the matter will begin formally at step three.

If the complainant is not satisfied with the president's decision, he or she may appeal to the State Board of Higher Education for review. The board's rule applicable to such a review is OAR 580-21-055.

Denials of promotion and/or tenure are of two sorts: situations in which the denial means a non-reappointment and employment termination, and situations in which the denial has no impact on continued employment. The formal process differs for these two kinds of decisions.

1. Terminal Notice When the decision means appointment termination, the tenure candidate must appeal to the provost within 90 days of notice of the decision. The formal process requires the provost to send the case to the Promotion-Tenure-Retention Appeal Committee for its advice. This committee is made up of three tenured members of the faculty elected at large, all who have prior experience serving on the Faculty Personnel Committee. The committee may hold an in-person hearing. Then, the committee has 60 days to make its recommendations to the provost.

The tenure candidate may appeal the provost's decision to the president, and if not satisfied with the president's decision, the tenure candidate may appeal to the State Board of Higher Education under its rule OAR 580-21-055.

2. No Terminal Notice When the decision is one to deny promotion and/or tenure, but the decision does not mean termination of employment, then the aggrieved candidate's formal process option is to resubmit the case in the following year through the regular channels.

Because the employee on a fixed-term contract has no right to a renewal, the university may terminate that contract so long as it acts reasonably. Non-renewal of a fixed-term or annual appointment is grievable only to the extent that a property right in such a reappointment has been violated, or prohibited discrimination is alleged to have been a factor in non-reappointment.

A formal grievance may be initiated only if the grievant alleges the non-renewed decision was based on discriminating grounds prohibited by law. Complaints that cite other bases for the grievance will not be considered.

The State Board of Higher Education in OAR 580-22-045 has set forth a list of behaviors that are considered to be unacceptable on the part of any staff member. If a member of the faculty is found to have engaged in such conduct, the university may bring an action against her or him for cause and impose sanctions including suspension or termination of employment. The list follows:

(1) Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other institutional activities, including the institution’s public service functions or other authorized activities on institutionally owned or controlled property;

(2) Obstruction or disruption interfering with freedom of movement, either pedestrian or vehicular, on institutionally owned or controlled property;

(3) Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on institutionally owned or controlled property, in contravention of law or institutional rules;

(4) Detention or physical abuse of any person or conduct intended to threaten imminent bodily harm or endanger the health of any person on any institutionally owned or controlled property;

(5) Malicious damage, misuse, or theft of institutional property, or the property of any other person where such property is located on institutionally owned or controlled property, or, regardless of location, is in the care, custody, or control of an institution;

(6) Refusal by any person while on institutional property to comply with an order of the president or appropriate authorized official to leave such premises because of conduct proscribed by this rule when such conduct constitutes a danger to the personal safety, property, or educational or other appropriate institutional activities on such premises;

(7) Unauthorized entry into or use of institutional facilities, including buildings or grounds;

(8) Illegal use, possession, or distribution of drugs on institutionally owned or controlled property;

(9) Inciting others to engage in any of the conduct or to perform any of the acts prohibited herein. Inciting means that advocacy of proscribed conduct that calls on the person or persons addressed for imminent action, and is coupled with a reasonable apprehension of imminent danger to the functions and purposes of the institution, including safety of persons and the protection of its property.

Cause for Sanction In addition to the proscribed behaviors listed above, the state board has developed the following definition of "Cause for Sanction" in its rule OAR 580-21-325:

Cause shall mean:

(a) Conviction of a felony or a crime involving moral turpitude during the period of employment by the Department (or prior thereto if the conviction was willfully concealed in applying to the Department for employment);

(b) Conduct proscribed by OAR 580-22-045; as described in the preceding sections, or

(c) Failure to perform the responsibilities of an academic staff member, arising out of a particular assignment, toward students, toward the faculty member's academic discipline, toward colleagues, or toward the institution in its primary educational and scholarly functions and secondary administrative functions of maintaining property, disbursing funds, keeping records, providing living accommodations and other services, sponsoring activities, and protecting the health and safety of persons in the institutional community.

Evidence which demonstrates cause under the standard set forth above may include, but is not limited to: evidence of incompetence; gross inefficiency; default of academic integrity in teaching; research or scholarship; intentional or habitual neglect of duty; or a failure to perform adequately for medical reasons.

Sexual Harassment Further, the university has added sexual harassment to the list of proscribed behaviors through its administrative rule OAR 571-03-025. The university considers such behavior to be unprofessional, an abuse of one’s position of authority, and a violation of the trust relationship between faculty and students or between colleagues. The university’s definition of sexual harassment includes harassment based on sexual orientation as well as on gender. Employees found to have engaged in sexual harassment are subject to disciplinary sanctions. Applicable sanctions may include the termination of any appointment.

Written reprimands regarding sexual harassment will be maintained in the departmental personnel files and shall be included in promotion and tenure files constructed at the departmental level. To protect privacy, the names of complainants and victims will be removed from the material included in the promotion and tenure file. Materials related to sexual harassment are maintained for either five or seven years, depending on the situation.

Faculty members who believe they are the victims of sexual harassment, or who learn that sexual harassment is adversely affecting the students or colleagues around them, should contact the affirmative action office for advice.

Under Oregon state law, participation in a strike is unlawful for any public employee (this includes the university faculty) who is not a member of the striking bargaining unit. Public employees, other than those engaged in a non-prohibited strike, who refuse to cross a picket line shall be considered to be striking illegally.

Collective bargaining by public employees in Oregon is governed by state law and the Oregon Employment Relations Board (ERB). For further information about collective bargaining issues at the University of Oregon, contact the ERB office in Salem, Oregon.

If the president determines that there is probable cause to impose upon a faculty member a sanction more severe than an oral or written warning or reprimand, negotiation with the faculty member begins. If no satisfactory resolution is reached within a reasonable time, the president authorizes the preparation of formal charges, stating the facts believed to constitute grounds for imposition of a sanction. A copy of the charges is sent to the academic staff member, along with notice that the faculty member has a right to a hearing on the charges.

If during the pendency of the charges the president makes a finding that there is a clear and present danger that the faculty member's continued performance of duties will be harmful to the institution, to the faculty member, or to the public at large, the president may suspend the academic staff member, without loss of compensation, from some or all duties.

Within ten days of receiving the charges, the faculty member must tell the president if he or she wishes a hearing to be held. If the faculty member chooses not to have a hearing, the president may proceed to implement any appropriate sanctions, as required under state board rules.

If the faculty member wants a hearing, a committee of faculty peers will be appointed. The committee is drawn from a pool of names proposed annually by the president's Faculty Advisory Council.

The hearing is formal and a record is kept. It may be public or private at the faculty member's option. The faculty member and the university may be represented by counsel, and there will be cross examination. The university has the burden of proof of showing cause for sanction, and the hearings committee makes its decision based upon a preponderance of the evidence.

The committee's report includes findings of fact based on the hearing record and a recommendation of what if any sanction should be imposed. Copies of the report are sent to the faculty member and to the president. The president may further seek clarification or counsel from the committee. The president then decides what action to take in consultation with appropriate advisers and the chancellor. The president then communicates the decision to the faculty member and to the chancellor.

The charged faculty member may appeal the president's decision to the State Board of Higher Education. As a matter of course the board will consider the appeals of all tenured faculty members, and may at its option decide to hear the appeals of non-tenured faculty.

The details of the university's faculty disciplinary processes can be found in the state board's rules 580-21-330 et seq.

Timely Notice The university subscribes to the principles of timely notice of non-reappointment or termination of employment relative to faculty appointments when such non-reappointment or termination is other than for cause. Timely notice provisions do not apply to officers of research whose appointments are conditioned on the availability of funds for the applicable research project. Timely notice provisions also do not apply to adjunct, part-time, short-term, or visiting officers of instruction in non-regular, non-tenure-related positions, or to officers of administration on non-regular fixed-term, annual renewal, non-tenure-related appointments.

Faculty members in their first year of appointment shall be given at least three months notice that their appointments will not be continued. It is usual for timely notice of non-renewal to be given along with the initial offer of appointment when faculty are appointed for the first time to a one-year contract. Faculty members in their second year of service to the university shall be given at least six months notice of non-renewal, and faculty members in their third year or more of service shall be given a year's notice of non-renewal. Tenured faculty members shall be given maximum notice of the termination of their appointments, and at least a year's notice is required. The appointments of tenured faculty members may be terminated only in situations of program reductions or eliminations, financial exigency or for cause.

In situations of financial exigency, it may not be possible to provide timely notice as described in this policy, but it is the university's policy to provide as much notice as possible. See the state board's administrative rules OAR 580-21-315 through 318 for more information.

1. Non-Renewal of Fixed-Term Appointments Fixed-term appointments to the university faculty carry no implication or assurance of continuance. Even so, negative decisions in the matter of reappointment must be made with care and consideration. For every new officer of instruction, the department head or unit director or designee should discuss thoroughly the expectations of its faculty, and in particular, the basis used by the department in making judgments of reappointment, and if applicable, for promotion and tenure. Reviewing this information is an integral part of the annual evaluation of instructional faculty members. All other fixed-term faculty members should have a position description that identifies their responsibilities.

When a decision is made by a unit head to recommend non-renewal of the appointment of a faculty member with a regular fixed-term appointment, the appropriate university administrator must notify the appropriate vice president in writing of this decision. For instructional units, that officer is the dean who, in communicating the decision, should describe the procedure used by the unit in judging the faculty member's performance. If a roll-call vote was taken, which is a required step in the case of teaching faculty, the record of the vote of the department faculty members should be transmitted and made part of the individual's personnel file. This vote could be taken among the tenured faculty or the departmental personnel committee, or perhaps, those members of the department faculty whose rank is higher than the individual being considered.

In units other than instructional units, the administrator recommending the non-renewal of appointment decision should provide any relevant information requested by the appropriate vice president to understand the basis for the decision.

If the vice president approves the decision, the vice president will send the official notice of termination to the faculty member. This requires the administrator to inform the vice president early enough to give timely notice consistent with the university's timely notice provisions described previously.

If the faculty member concerned believes the decision to recommend non-renewal is a result of prohibited discrimination, the faculty member may file a formal grievance as described in section I above.

2. Terminations Required Under Financial Exigency, Program Reduction or Elimination Under state law, the university must conduct an affirmative action review prior to any decision to make reductions in force or to reorganize activities. The impact on women and minority employees and students must be a consideration in the reorganization decision.

Before the appointment of a faculty member on indefinite tenure can be terminated for financial exigency, a bona fide determination will be made by the president that a financial exigency does exist, and that sufficient funds are not available for payment of compensation for the position concerned.

The appointments of faculty, whether tenured or untenured, may also be affected because of program reductions or eliminations. The decision that program or department reductions or eliminations are necessary is also made by the president after allowing for appropriate faculty and other input, upon determination that such reductions or eliminations are consistent with institutional goals and needs.

Responsibility for the decision as to whether a state of financial exigency exists, and the subsequent decision on actions necessary to meet the financial exigency, or the decision as to the necessity for program or department reductions or eliminations resulting in termination of employment of tenured faculty members, shall rest with the president. In considering such matters, the president confers with the appropriate faculty and other institutional councils and with the chancellor and the board before arriving at decisions in these areas.

University procedures relating to program or department reductions or eliminations reflect a regard for the rights of the affected academic staff members, and such procedures may not be used as a substitute for taking action against a faculty member for cause.

If a tenured faculty member's appointment is terminated or if the appointment of a non-tenure-related faculty member is terminated before the end of the period of appointment because of financial exigency, or because of program or department reductions or eliminations, the released faculty member's place may not be filled by a replacement within a period of two years, unless the released faculty member is offered reappointment and a reasonable time within which to accept or decline it.

If the tenured faculty member cannot be retained either in the current position or in some alternate position, maximum possible notice of termination is provided to the academic staff member being terminated for financial exigency. In the case of faculty members terminated because of program or department reductions or eliminations not demonstrably related to a state of financial exigency, twelve months' notice shall be given.

Whenever possible, timely notice of termination will be provided to faculty members on fixed-term appointments. If employment is being terminated for financial exigency or program or department reductions or eliminations such that the provision of timely notice is rendered impossible, maximum possible notice will be provided.

Personnel may be transferred or reassigned within an institution in accordance with the staffing needs of the institution. Such personnel actions are not sanctions for cause.

Termination and Other Sanctions for Cause Any faculty member's employment may be terminated or other sanctions may be imposed for cause. Cause means misbehavior. Section J above, dealing with proscribed behavior, describes what constitutes "cause for sanction" at the University of Oregon. Section L of this chapter entitled "Disciplinary Procedures" describes how charges are brought against an accused faculty member and how cause for a sanction is proved. The processes are based upon appropriate concepts of due process and the right to a hearing for any accused faculty member.

When a faculty member decides to resign his or her position, the proper procedure is to give at least one month's notice. Letters of resignation should be addressed to the responsible vice president with copies sent to the department head and the dean or program director.

Under AAUP guidelines, it is improper, after May 1, for one university to make an offer of regular employment to commence the following academic year to a teaching faculty member of another university. The University of Oregon complies with this precept, and expects its teaching faculty members to give notice of resignation before May 15.

Federal laws and regulations on the drug-free work place require that the University of Oregon point out with particularity its rules and policies regarding illegal drug use by university employees and students.

The illegal use, possession, or distribution of drugs and alcohol on institutionally owned or controlled property or as part of any university activity is proscribed conduct. The manufacture of illegal drugs on institutionally owned or controlled property is a malicious misuse or an unauthorized use of institutional property and is also proscribed conduct.

The university may impose disciplinary sanctions against any student or employee found to have violated its rules concerning illegal drugs. In addition, a university employee convicted of any felony involving moral turpitude may face disciplinary proceedings for cause through which an employment sanction may be imposed. It does not matter whether the crime was committed on the campus or not and in connection with university activities or not. Possible sanctions include, but are not limited to, suspension without pay and termination of employment. The university also reserves the right to refer on-campus actions of employees and students to appropriate civil authorities for prosecution.

Federal law and university policy require that all university employees, as a condition of their employment, notify the university if they are convicted of violating any criminal drug statute while on campus. Such notice must be given to the immediate supervisor and to the Office of Human Resources. If the employee is directly or indirectly engaged in the performance of a federal grant or contract, the vice provost for research must give notice of the employee's conviction to the applicable federal agency.

The university, through its human resources office and the Office of Student Life, sponsors alcohol and drug awareness programs, ensuring that university students and staff understand the dangers and legal implications of illegal drug and substance abuse. Employee assistance programs are available to those seeking help with substance dependency problems, and participation in such programs may be mandated for employees who violate the policies and rules regarding the drug-free work place or whose work appears to be suffering because of drug or alcohol dependency. For more information about the Employee Assistance Program, call the Office of Human Resources at 346-3159.

Faculty members, like other professionals, are held to a reasonable standard of conduct and have a duty to take care in the conduct of their professional activities. The taking of unreasonable action or failure to exercise due care by a faculty member can cause harm to individuals and groups. In our litigious society, questions often arise about what is reasonable and at what point one's conduct might have been negligent. Members of the university faculty, acting in the course of their employment, are acting on behalf of the university. If these actions cause injury to someone, both the faculty member and the university may be liable.

If, in the course of a faculty member's regular professional activities, a situation arises in which a suit against the university is threatened, or in which a lack of clarity concerning the legal situation prompts anxiety, faculty members should take appropriate action. The first step is to notify the department head, director or responsible dean. These officers may have experience in similar situations and may be able to settle the difficulties expeditiously. In such situations, the president's general counsel can often give assistance. With the permission of the responsible vice president, deans, directors and department heads may contact the president's general counsel to seek advice. Faculty members should not go directly to the general counsel, but should work through their unit's responsible officers.

If a suit is filed or other legal action is initiated as a result of professional activity undertaken within the normal scope of employment, faculty members may request counsel with the state's Attorney General, through the president's general counsel. The Attorney General will appear and defend the faculty member unless the activity giving rise to the complaint amounts to malfeasance in office or a willful or wanton neglect of duty (ORS 30.285). State law places limits on the amount that can be recovered in tort actions against state agencies, and except in situations of willful or wanton neglect or malfeasance, requires the state agency to indemnify state employees for any damages that might be awarded as a result of tort claims against the university and its employees.

Not all faculty members' professional activities are automatically assumed to have been undertaken within the scope of their university employment. Faculty engaged in consulting or rendering professional assistance to individuals or entities outside the university, especially if that service is rendered for pay, are likely to find that their activities are deemed to be outside the scope of employment and not qualified for university indemnification and state-rendered legal advice.

Injuries incurred within activities that are not normally assumed to be a part of a faculty member's responsibilities, remodeling university space for example, might not qualify for indemnification or legal assistance.

By rule, the rights to the products of a university faculty member's scholarly or creative activities belong to the University of Oregon. See the state board's rule 580-43-006 et seq. Under those rules, faculty members as individuals share in the benefits that come from creative work. Technology transfer services, a unit within the office of the vice provost for research, will assist faculty in securing the rights and benefits that may accrue from their creations. Call 346-3176 for more information about rights to intellectual property.

The university issues identification cards through the photo-ID service on the ground floor of the Erb Memorial Union. The first card is free. There is a charge for replacements. The ID card is required to charge out books at the library and to take advantage of a variety of other university-related activities. It also serves as a pass for free travel on the Lane Transit District (LTD) bus service.

The university encourages the faculty to participate as active citizens in the community, and this includes fulfilling the citizen's duty to participate in the jury. When a call to serve on a jury would seriously inconvenience a faculty member's home department, the faculty member may apply for a postponement of jury service until the end of the academic year.

The university expects faculty members to retain any fees received for participation in court procedures.

Smoking is prohibited in the following places:

1) all university classrooms, both when class is in session and between class sessions;

2) all areas or buildings, or athletic facilities where "No Smoking" signs are posted;

3) all public gatherings such as movies, lectures, concerts, and school or college meetings;

4) all public places in the Erb Memorial Union, except in designated smoking areas;

5) all public offices, except in designated smoking areas;

6) elevators, restrooms, stairwells, foyers, and university vehicles; and

7) all exterior seating areas and aisles of Autzen Stadium and Hayward and Howe Fields.

Smoking is permitted in workrooms or private offices only at the discretion and mutual agreement of all the assigned occupants or regular users. Mutual agreement has been defined by the university Safety Advisory Committee as complete agreement from all users with no dissent (OAR 571-50-005).

Any university employee suffering an accident at work must report the accident within 24 hours of its occurrence. If the accident or injury does not require medical treatment, a completed Supervisor’s Accident Investigation Report form (SAIR) must be submitted to the Office of Human Resources. An accident requiring medical attention or involving work-time loss is reported on a State Accident Insurance Fund Form 801 so that appropriate medical claims can be made. Each of these forms should be completed by the appropriate supervisor or head of department. Forms and instructions on how to complete them can be obtained from the Office of Human Resources.

If equipment or other property purchased for university use is damaged, vandalized, or stolen, faculty members should report the loss within 48 hours of loss or discovery of loss. If the loss is estimated at more than $500, it should be reported by telephone immediately to the Risk Coordinator. Report forms are available in the risk coordinator’s office. Claims for restoration are forwarded to the state’s Risk Management Division by the Office of Business Affairs and must be on file there within 60 days. This deadline is rigidly observed.

7. Sensitive Information: Use of

The university is required by law to use employees’ social security numbers for federally mandated uses, e.g., payroll and tax reportable payments and financial aid application disbursements. In addition, the institution is authorized to request social security numbers for other uses, providing usage is voluntary rather than required and employees are provided an opportunity to give consent based on full disclosure of the intended use of the data.

At the University of Oregon, where some university employees are also students, the social security number is the basis for numerous administrative processes and transactions, including but not limited to accounts receivable, cash receipts, travel advances, payroll and other tax reportable payments, admission as a student, financial aid applications and disbursements, registration and grading.

The university has developed options for employees who elect not to have their social security numbers used for administrative processes where social security number usage is not mandated by law. The Office of Business Affairs can provide you with information on how to request these options and the impact of any changes you request on data relating to business and student transactions you have with the university.

All university employees have the basic right to a safe and healthful work environment. The safety and wellbeing of university students, faculty, and staff members is a primary concern of the Office of Public Safety. Working with student support offices such as the Office of Student Life, Office of University Housing, Student Health Center and University Counseling Center, and with student leaders in the Associated Students of the University of Oregon, the Office of Public Safety assists the university community in providing a safe and secure environment. A brochure on campus security policies and crime statistics is updated and distributed annually in accordance with the Federal Campus Crime Awareness and Campus Security Act of 1990.

Safety on campus during the hours of darkness can be a matter of concern for students and others attending evening classes, lectures, and other events. The campus provides a number of services to increase safety for the campus during the hours of darkness, particularly during those months when daylight savings time is not in effect. Campus Operations has installed auxiliary lighting along campus paths. Student government supports Project Safe-Ride, a transportation service for women that operates between dark and midnight. Students or employees who feel the need for special safety protection on campus at night may call the Office of Public Safety at 346-5444 for assistance. Emergency call boxes connected directly to the Office of Public Safety at various locations around campus provide quick access to help in case of an emergency. Faculty is asked to announce in fall classes that these services exist to support the safety of the campus community.

The UO Safety Advisory Committee (SAC) made up of representatives of classified staff, faculty members, and students, assists and advises the university administration in providing a safe workplace for all employees.