1. Policy Statement
1.1 Procedures to impose applicable sanctions may be instituted against any person engaging in any of the following proscribed conduct:
1.1.1 Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other university activities, including the university’s public service functions or other authorized activities on university-owned or -controlled property;
1.1.2 Obstruction or disruption interfering with freedom of movement, either pedestrian or vehicular, on university-owned or -controlled property;
1.1.3 Possession or use of explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on university-owned or -controlled property, unless authorized by law, the university’s Board of Trustees, or university unit rules or University Policies or Standards;
1.1.4 Detention or physical abuse of any person or conduct intended to threaten imminent bodily harm or endanger the health of any person on any university-owned or -controlled property;
1.1.5 Malicious damage, misuse or theft of university property, or the property of any other person where such property is located on university-owned or -controlled property, or, regardless of location, is in the care, custody or control of the university;
1.1.6 Unauthorized entry to or use of university facilities, including buildings and grounds;
1.1.7 Illegal use, possession, or distribution of drugs on university-owned or -controlled property;
1.1.8 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 university, including the safety of persons, and the protection of its property;
1.1.9 Violating the Department of Athletics' Code of Conduct.
1.1.10 Refusal by any person while on university-owned or -controlled property to comply with an order of the President or appropriate authorized official to leave such premises because of conduct proscribed by this Standard when such conduct constitutes a danger to personal safety, property, educational, or other appropriate university activities on such premises;
2. Reason for Policy
2.1 Through this University Standard, the university seeks to uphold federal, state, and local laws and regulations; foster a safe, inclusive, and respectful academic environment; and establish clear guidelines and expectations regarding behavior, explicitly identifying actions that are deemed unacceptable, unethical, or harmful.
3. Scope & Audience
3.1 This University Standard applies to all university employees, students, contractors, volunteers, visitors and anyone on university-owned or -controlled property.
4. Definitions
4.1. Inciting: 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 university, including the safety of persons, and the protection of its property.
5. Responsibilities & Procedures
5.1. Enforcement
5.1.1. Any person that violates this University Standard is subject to:
a. Institutional disciplinary proceedings, if a student or employee.
b. An order to leave the property owned or controlled by the university by a “person in charge” of university property for purposes of ORS 164.205. Persons failing to comply with an order by a person in charge to leave or to remain off the property owned or controlled by the university are subject to arrest for criminal trespass.
i. For all university-owned or -controlled property, the Vice President for Finance and Administration, Senior Associate Vice President for Administration, and Associate Vice President for Public Safety/Chief of Police have the authority of "persons in charge" of university property for purposes of ORS 164.205 under this University Standard.
ii. For the Bend campus, the Chief Operations Officer, Director of Facilities and Operations, Associate Director of Campus Safety, Executive Director of Enrollment Services, and Director Student Success, and their designees, have the authority of "persons in charge" of university property for purposes of ORS 164.205 under this University Standard.
iii. For the Hatfield Marine Science Center (HMSC), the HMSC Director or their designee has the authority of “persons in charge” of university property for purposes of ORS 164.205 under this University Standard.
iv. For the Corvallis campus, the Director of Facilities Services, Executive Director of University Housing and Dining Services, Director for Student Conduct and Community Standards, and their designees, have the authority of "persons in charge" of university property for purposes of ORS 164.205 under this University Standard.
c. A notice of exclusion from the university issued by a university public safety officer or police officer. Persons failing to comply with an exclusion notice are subject to arrest for criminal trespass.
5.2. Exclusion Appeals
5.2.1. The Associate Vice President for Public Safety/Chief of Police has the authority to decide written appeals brought under this section.
5.2.2. Any person appealing a notice of exclusion issued pursuant to this University Standard must timely exhaust this appeals procedure before seeking judicial review of the university’s decision or action.
5.2.3. Appeals must be submitted to the Associate Vice President for Public Safety/Chief of Police in writing.
a. The written appeal must fully specify all the reasons and bases for the appeal, including a discussion of all relevant facts and any federal or state laws or University Standards, University Policies, unit rules, or procedures at issue, and all ways in which the person has been aggrieved or adversely affected.
b. The written appeal must include all evidence to be considered by the university, including copies of any relevant documents. Failure to include any reason for the appeal or any evidence in support of it will constitute a final, knowing, and voluntary waiver of the right to assert such reason or evidence. Irrelevant and immaterial evidence will not be considered.
c. If the excluded person received an Appeal Form for Exclusion Notices issued by the Department of Public Safety, the written appeal must include any other information requested or required on that form.
5.2.4. The Associate Vice President for Public Safety/Chief of Police will issue a written decision on the appeal in a timely manner via email, U.S. mail, or both. The decision of the Associate Vice President for Public Safety/Chief of Police is final.
5.2.5. The exclusion remains in effect pending the appeal.
5.3. Employee and Student Appeals of Sanctions Other Than Exclusion
5.3.1. Appeals related to sanctions other than exclusion imposed on students or university employees must be made through applicable student or employee appeal procedures set forth in other University Policies, University Standards, unit rules, or applicable collective bargaining agreements.
5.4. All Other Appeals of Sanctions Other Than Exclusion
5.4.1. Section 5.4 establishes the exclusive procedure for appealing any other action taken by the university under the authority of this University Standard that is not covered by Section 5.2 or Section 5.3.
a. Any person appealing a sanction under this Section 5.4 must timely exhaust all opportunities to appeal that sanction at the university level before seeking judicial review of the university’s decision or action.
b. The only permissible reason under Section 5.4 to appeal a sanction arising from this University Standard is that the university violated or is violating federal or state law or University Standards, University Policies, or procedures in the process.
c. Appeals must be submitted to the university in writing within 10 days of the application of this University Standard.
i. The written appeal must fully specify all the reasons and bases for the appeal, including a discussion of all relevant facts and any federal or state laws or university standards, policies, or procedures at issue, and all ways in which the person has been aggrieved or adversely affected.
ii. The written appeal must include all evidence to be considered by the university, including copies of any relevant documents. Failure to include any reason for the appeal or any evidence in support of it will constitute a final, knowing, and voluntary waiver of the right to assert such reason or evidence. Irrelevant and immaterial evidence will not be considered.
d. The Vice President for Finance and Administration or their designee has the authority to decide written appeals brought under this section. The Vice President for Finance and Administration or their designee will issue a decision on the appeal in a timely manner.
5.5. Judicial Review
5.5.1. Judicial review of a university action under this University Standard is available pursuant to the pertinent provisions of Oregon Revised Statutes Chapter 34.
6. Related Policies, Procedures, or Information
6.1. None.
History
Oregon State University adopted University Standards 580-022 Proscribed Conduct and 576-002 Exclusion Appeals from Oregon Administrative Rules 580-022-0045 Proscribed Conduct and 576-002-0060 Exclusion Appeals on July 1, 2014. These two University Standards were revised with housekeeping amendments and renumbered as University Standards 07-300 Proscribed Conduct and 576-002 Exclusion Appeals on June 12, 2023, and were consolidated and revised with housekeeping amendments as University Standard 07-300 Proscribed Conduct on July 16, 2024.
Next scheduled review date: July 2029.
Contacts
Department of Public Safety
(541) 737-3010
https://publicsafety.oregonstate.edu