1. Policy Statement
1.1. Oregon State University (university) is committed to creating and maintaining a safe, respectful, equitable, and inclusive working and learning environment. In furtherance of that commitment, the university does not retaliate and prohibits Retaliation in any education program or activity that it operates, including in admission and employment.
1.2. All individuals who are participating in university programs and activities, and all those who apply to participate in university programs and activities, have the right to do so fully, free from prohibited Retaliation.
2. Reason for Policy
2.1. Retaliation affects the university’s sense of community and can act as a deterrent to Reporting. The university takes all Reports of Retaliation seriously and responds promptly to Reported concerns. This policy is established in alignment with university values and in compliance with all applicable state and federal anti-Retaliation and whistleblower protection laws and implementing provisions.1
3. Scope & Audience
3.1. This policy applies to all members of the university community, including, but not limited to students, student organizations, employees, contractors, volunteers, and visitors; all applicants for university employment or for admission to educational or university-sponsored programs or activities; and all non-student and non-employee persons or groups participating in, attempting to participate in, or accessing university-sponsored programs, activities, or facilities.
3.2. The university reserves the right to respond, in conformance with university policy and applicable law, to conduct: that occurs on property owned, controlled, or used by the university; at university associated events; in online, extended or distance learning environments; away from the university when the conduct could have the impact of limiting, denying, or adversely affecting an individual’s ability to participate in or benefit from a university program or activity; or when it creates a hostile work or educational environment.
4. Definitions
4.1. Complainant: A person who is alleged to have been subjected to conduct that could constitute Retaliation under this University Policy.
4.2. Complaint: An oral or written request made to the Office of Equal Opportunity and Access (EOA) that objectively can be understood as a request for the university to investigate and make a determination, or resolve through an informal resolution, alleged Retaliation.
4.3. Party: The Complainant or Respondent. When used in the plural, “Parties” means the Complainant and Respondent collectively.
4.4. Reasonable Person: An objective standard referring to an individual in similar circumstances with a reasonable way of interpreting and reacting to a situation. A Reasonable Person is assumed to exercise average care, skill, and judgment. A reasonable belief is one based on reasonable grounds.
4.5. Report: Notice to or actual knowledge by EOA of an allegation or concern of Retaliation.
4.6. Respondent: A person who is alleged to have violated this University Policy.
Prohibited conduct. The following definitions describe prohibited conduct pursuant to this University Policy:
4.7. Retaliation: Any action that adversely affects the employment, education, or access to a university program or activity of an individual due to the individual’s engagement in Protected Activity.
4.7.1. Adverse Action is any action that is reasonably likely to deter a Reasonable Person in the same circumstances as the individual from engaging in Protected Activity. Adverse Action includes, but is not limited to, intimidation, threats, coercion, or discrimination for the purpose of interfering with any right or privilege secured by law or policy. Adverse Action does not include
a. Petty slights or trivial annoyances; or
b. Action, including employment or academic action, which would have been taken regardless of the individual’s engagement in Protected Activity.
4.7.2. Protected Activity, as used in this University Policy, includes
a. Filing a Report, Complaint or concern to an official Oregon State University office or a state or federal agency with authority to address the concern, or otherwise participating in the university’s or a state or federal agency’s inquiry, intervention, investigation, or other dispute resolution process pertaining to discrimination, harassment, or other conduct prohibited by university policy, the Code of Student Conduct, or applicable law;
b. Engaging in protected union activity;
c. Requesting or using protected leave (e.g., FMLA or OFLA);
d. Actively opposing conduct that the individual reasonably believes is prohibited by law or university policy;
e. Engaging in legally protected free speech or expression in compliance with University policy; or
f. Participating in the university’s reasonable accommodation process (including under the Americans with Disabilities Act and the Pregnant Workers Fairness Act).
5. Responsibilities & Procedures
5.1. Response to Reports
5.1.1. The university shall respond promptly, equitably, and effectively to all Reports of Retaliation, and shall take appropriate action to prevent, remedy impacts of, and stop conduct that violates this University Policy.
5.1.2. The university reserves the right to address conduct that may not rise to the level of a violation of this University Policy.
5.1.3. As determined by the Associate Vice President and Chief Civil Rights Officer, or their designee, the university may initiate an investigation of any conduct prohibited by this University Policy without a formal Complaint from or participation by the Complainant.
5.1.4. The university will offer and coordinate supportive measures, as appropriate, for a Complainant and/or Respondent to restore or preserve that person’s access to the university’s education program or activity or provide support during an investigation or informal resolution process. Individuals do not need to engage in a university resolution process to receive supportive measures. Supportive measures are described within the Investigation and Resolution Process.
5.1.5. The Associate Vice President and Chief Civil Rights Officer is responsible for the implementation of and compliance with this University Policy, including publishing this University Policy, developing and conducting training, monitoring for and correcting barriers to Reporting, and establishing an administrative structure that facilitates the prevention, response to, mitigation of effects, and elimination of Retaliation consistent with this University Policy. The Associate Vice President and Chief Civil Rights Officer acts with independence and authority, free from bias and conflicts of interest. The Associate Vice President and Chief Civil Rights Officer oversees all resolutions under this University Policy and associated procedures. All employees involved in the resolution process are vetted and trained to support the goal that those employees are not biased for or against any Party in a specific Complaint, or for or against Complainants or Respondents, generally.
5.2. Investigations and Sanctions
5.2.1. The applicable evidentiary standard for all violations of this University Policy is preponderance of the evidence. That standard is met when the evidence shows that it is “more likely than not” that the alleged misconduct occurred.
5.2.2. Persons who are found to have violated this University Policy are subject to sanctions commensurate with the violation, up to and including termination of employment, expulsion from the university, or removal of privileges to participate in university programs and activities.
a. If employee discipline is warranted, it shall be administered in a manner consistent with applicable collective bargaining agreements, university policies, and legal requirements.
b. If student discipline is warranted, it shall be administered in accordance with the Code of Student Conduct (Code). All sanctions listed in the Code are available as outcomes for student violations of this University Policy.
c. Individuals who are both students and employees may be subject to discipline as both a student and an employee.
5.2.3. The university may impose an interim administrative suspension on a student or student organization, an interim change in the employment arrangements of an employee, or an interim change to the status or access of a volunteer, contractor, or visitor to the university pending the completion of an investigation and resolution. Such interim administrative suspension, interim change in employment arrangements, or interim change to status or access will be initiated in accordance with university processes, and in compliance with applicable law or applicable collective bargaining agreements.
5.3. Privacy and Records
5.3.1. Complainants and Respondents are not restricted from discussing or sharing information related to the Report with others who may support or assist them during the process, nor are they prohibited from seeking resolution in court or with an applicable state or federal agency. However, Parties and their advisors are prohibited from unauthorized reproduction of documents or disclosure of information made available for review in the university investigation and resolution process. Publicly disclosing university work product (i.e., documents produced, compiled, or written for the purposes of a university investigation or resolution process) or a Party’s personally identifiable information without authorization or consent is a breach of this restriction and subject to disciplinary action in accordance with university processes. All Parties are encouraged to exercise discretion in sharing information in order to safeguard the integrity of the process and to avoid Retaliation or the appearance of Retaliation. While discretion is encouraged, this University Policy should not be understood to limit the legal rights of the Parties during or after resolution. All other conditions for disclosure are governed by applicable state and federal law.
5.3.2. The university makes every effort to preserve Parties’ privacy. The university will not externally share the identity of any individual who has made a Complaint, or the identities of any Parties or witnesses, except as permitted by, or to fulfill the purposes, of applicable laws and regulations (e.g., Title IX), Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, or as required by law, including any investigation or resolution proceeding arising under these policies and procedures.
6. Related Policies, Procedures, or Information
6.1. Resources
6.1.1. A list of discrimination resources is available online through EOA.
6.2. University Reporting
6.2.1. EOA documents any Reports made to it that involve potential Retaliation. While there is no time limitation on providing a Report to EOA, prompt Reporting will better enable EOA to respond to the concern, determine the relevant issues, and provide an appropriate response or action. Individuals are encouraged to promptly Report concerns to EOA or to otherwise document any incidents involving conduct that may constitute Retaliation. To notify the university and initiate an investigation or resolution process regarding any prohibited conduct as defined by this University Policy, contact:
The Office of Equal Opportunity and Access
2150 SW Jefferson Way, 330 Snell Hall, Corvallis, OR 97331
Phone: 541-737-3556
Email: [email protected]
Website (with an online Reporting form): eoa.oregonstate.edu
6.2.2. Even if a Complainant chooses not to Report formally or participate in an investigation or resolution process, the Complainant can contact EOA for information and assistance accessing on- or off-campus support resources and for information on available assistance. Complainants do not need to share specific details about who harmed them or what specifically occurred to get help accessing resources. However, if specific information is shared, there are some circumstances where EOA may need to proceed with an investigation or other appropriate action even if the person reporting specifically requests that the matter not be pursued in order to protect the safety of the campus community.
6.2.3. If an incident involves alleged Retaliation by the Associate Vice President and Chief Civil Rights Officer, Reports should be made directly to the university President or the Office of the General Counsel at [email protected]@oregonstate.edu.
6.3. Other Reporting Options
6.3.1. Anyone experiencing Retaliation also has the right to file a formal Complaint with government authorities, but should be aware that deadlines may apply.
U.S. Department of Education, Office for Civil Rights, Seattle Office
915 Second Avenue, Room 3310
Seattle, WA 98174-1099
Telephone: 206-607-1600
Telecommunications Device for the Deaf (TDD/TTY): 800-877-8339
Email: [email protected]
Website: www.ed.gov/about/ed-offices/ocr
U.S. Department of Justice, Civil Rights Division
950 Pennsylvania Avenue, NW
Washington, D.C. 20530
Telephone: 202-514-3847
Telecommunications Device for the Deaf (TDD/TTY): 202-514-0716
Email: [email protected]
Website: civilrights.justice.gov
Oregon Bureau of Labor and Industries, Civil Rights Division*
800 NE Oregon Street, Suite 1045
Portland, OR 97232
Telephone: 971-673-0764
Telecommunications Device for the Deaf (TDD/TTY): TTY Relay 711
Email: [email protected]
Website: www.oregon.gov/BOLI
*Also the appropriate agency for Retaliation Complaints based on Reporting to Oregon Occupational Safety and Health Administration (OSHA).
U.S. Equal Employment Opportunity Commission, Seattle Office
Federal Office Building, 909 First Avenue, Suite 400
Seattle, WA 98104-1061
Telephone: 1-800-669-4000
Telecommunications Device for the Deaf (TDD/TTY): 1-800-669-6820
Website: www.eeoc.gov
6.3.2. Notification of statutory requirements. In compliance with the Oregon Workplace Fairness Act, the university is required to notify employees that employees who pursue legal action against the university based on alleged unlawful employment practice prohibited by ORS 659A.030, 659A.082 or 659A.112 (unlawful discrimination or sexual assault) must do so no later than five (5) years after the occurrence of the alleged unlawful employment practice. The university may not require or coerce a former, current, or prospective employee to enter into a nondisclosure or nondisparagement agreement that has the purpose or effect of preventing the individual from disclosing or discussing conduct prohibited by ORS 659A.030, 659A.082 or 659A.112 (unlawful Discrimination or sexual assault) when that conduct occurred between employees or between an employer and an employee in the workplace or at certain work-related events; or that occurred between an employer and an employee off the employment premises, except:
a. When an employee claiming to be aggrieved by unlawful conduct requests to enter into a settlement, separation, or severance agreement which contains a nondisclosure, nondisparagement, or “no-rehire” provision and will have seven calendar days to revoke the agreement; or
b. If an employer makes a good faith determination that an employee has engaged in conduct prohibited by ORS 659A.030, 659A.082 or 659A.112.
6.4. Equal Opportunity and Access Reporting form.
6.5. Reporting FAQs.
6.6. The university has adopted procedures that provide for the prompt and equitable resolution of Complaints.
6.7. Additional information on Reporting and resources.
6.8. University Policy 04-100 Discrimination and Discriminatory Harassment
6.9. University Policy 05-005 Retaliation
6.10. University Policy 05-005 Responsible Employees
6.11. Student Community Standards, Code of Student Conduct.
History
Adopted: University Policy 04-110 Retaliation was adopted by the university on December 14, 2022.
Revised: University Policy 04-110 Retaliation received housekeeping amendments on August 24, 2023, and was revised on August 1, 2024. It was reviewed and revised on August 11, 2025.
Next scheduled review date: August 2030.
Contacts
Office of Equal Opportunity and Access
Website (with an online Reporting form): eoa.oregonstate.edu
Email: [email protected]
Phone: 541-737-3556
Physical location: 2150 SW Jefferson Way, 330 Snell Hall, Corvallis, OR 97331
Monday – Friday, 8:30 AM – 4:30 PM
1 Retaliation connected to Title IX Sexual Misconduct allegations is defined and addressed in University Policy 05-001 Sexual Misconduct and Sex Discrimination. All Retaliation Reports that include or stem from allegations of Title IX Sexual Misconduct will be considered under University Policy 05-001.