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 prohibits retaliation as described in Section 5.2 of this policy.
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. Therefore, the university takes all reports of retaliation seriously and responds promptly to reported concerns. This policy is intended to comply with all applicable state and federal anti-retaliation 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 or accessing university-sponsored programs, activities, or facilities.
3.2. The university will 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 or denying any university community member'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 alleging a violation of this policy or who is allegedly the victim of a person who is alleged to have violated this 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 sex discrimination, sexual misconduct, or retaliation.
4.3. Employee: All persons employed by the university, including, but not limited to, academic faculty, professional faculty, classified staff, temporary staff, law enforcement professionals, student employees, and graduate assistants.
4.4. Party: The complainant or respondent. When used in the plural, "parties" means the complainant and respondent collectively.
4.5. Reasonable person: An objective standard referring to an individual in similar circumstances and holding similar relevant identities 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.
4.6. Report: Notice to or knowledge by EOA of an allegation or concern of sex discrimination, sexual misconduct, or retaliation.
4.7. Respondent: A person who is alleged to have violated this policy.
4.8. Student: An admitted person demonstrating acceptance of admission through participation in orientation programs or early start programs; a person who is enrolled or dually enrolled; a person enrolled online; a person between academic terms; a graduate awaiting a degree; a person on an approved educational leave; a person currently serving a suspension, including administrative suspension; a person who is not currently enrolled but can register without re-applying; a person who withdraws while a disciplinary matter, including an investigation, is pending; and, a person who is eligible to receive any of the rights and privileges afforded a person who is enrolled.
4.9. Student organization: A recognized student organization or student group affiliated with an academic unit.
5. Responsibilities & Procedures
5.1. General
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 policy.
5.1.2. To report information about conduct that may constitute discrimination or discriminatory harassment, contact the Office of Equal Opportunity and Access (EOA). EOA's contact and reporting information is included in Section 11 of this University Policy.
5.1.3. The university has adopted procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Executive Director of EOA.
5.1.4. The university reserves the right to address offensive conduct and/or harassment that does not suggest a violation of this policy. Addressing such conduct will not result in an imposition of discipline but may be addressed through respectful
5.1.5. As determined by the Executive Director of EOA, the university may initiate an investigation of any conduct prohibited by this policy without a formal complaint from or participation by the complainant.
5.1.6. 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.
5.1.7. The applicable evidentiary standard for all violations of this 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.
5.1.8. Persons who are found to have violated this 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. Sanctions will be designed to stop further retaliation and to prevent future violations.
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 policy.
5.1.9. The university may impose an interim administrative suspension on a student/student organization or may impose an interim change in the employment arrangements of an employee, pending the completion of an investigation and resolution. Such interim administrative suspension or change in employment arrangements will be initiated in accordance with university processes, and in compliance with applicable law or collective bargaining agreement.
5.1.10. The Executive Director of EOA is responsible for the implementation of and compliance with this policy, including publishing this 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 policy. The Executive Director of EOA acts with independence and authority, free from bias and conflicts of interest. The Executive Director of EOA oversees all resolutions under this policy and associated procedures. All employees involved in the resolution process are vetted and trained to ensure they are not biased for or against any party in a specific complaint, or for or against complainants and/or respondents, generally.
5.1.11. Complainants and respondents are not restricted from discussing or sharing information related to the complaint 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 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 a breach of this restriction and subject to disciplinary action in accordance to 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 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.
5.1.12. 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 (ìFERPAî) and its implementing regulations, or as required by law, including any investigation or resolution proceeding arising under these policies and procedures.
5.2. Prohibited Conduct
5.2.1. 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.
a. 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 (1) petty slights or trivial annoyances; or (2)†action, including employment or academic action, which would have been taken regardless of the individual's engagement in protected activity.
b. Protected activity, as used in this policy, includes (1) filing a complaint or report with an official Oregon State University office or a state or federal agency, or otherwise participating in the university's or a state or federal agency's inquiry, 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; (2) opposing conduct that the individual reasonably believes is prohibited by law; or (3) participating in the university's reasonable accommodation processes under the Americans with Disabilities Act (ADA).
6. Reporting & Resources
6.1 University Reporting
6.1.1. 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 and/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 policy, contact:
Equal Opportunity and Access
2150 SW Jefferson Way, 330 Snell Hall
Corvallis, OR 97331
Phone: 541-737-3556
Email: [email protected]
Website: eoa.oregonstate.edu
6.1.2. Even if a complainant chooses not to report formally or chooses not to 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.
6.1.3. In the event an incident involves alleged retaliation by the Executive Director of EOA, reports should be made directly to the university president or their designee (the current designee is the General Counsel, Office of the General Counsel, [email protected]).
6.2. Other Reporting Options
6.2.1. Anyone experiencing retaliation also has the right to file a formal complaint with government authorities but should be aware that deadlines may apply.
a. 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: www2.ed.gov/about/offices/list/ocr/index.html
b. 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
c. 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).
d. U.S. Equal Employment Opportunity Commission, Seattle Office
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. Equal Opportunity and Access Report Retaliation form: https://cm.maxient.com/reportingform.php?OregonStateUniv&layout_id=4
7. Frequently Asked Questions
7.1. Frequently Asked Questions: https://eoa.oregonstate.edu/faqs
8. Related Information
8.1. Reporting and complaint process: eoa.oregonstate.edu/discrimination-concerns
8.1.1 More information on the procedures used by EOA to investigate or otherwise resolve alleged violations of this policy can be found at: eoa.oregonstate.edu/sexual-misconduct-and-discrimination.
8.2. University Policy 04-100 Discrimination and Discriminatory Harassment: policy.oregonstate.edu/policy/discrimination-and-discriminatory-harassment
8.3. University Policy 05-001 Sexual Misconduct and Sex Discrimination: policy.oregonstate.edu/UPSM/05-001_sexual_misconduct_discrimination
9.4. Student Conduct & Community Standards, Code of Student Conduct: studentlife.oregonstate.edu/pre-student-conduct-community-standards
9. History
9.1. Adopted: University Policy 04-110 Retaliation was adopted by the university on December 14, 2022.
9.2. Revised: Housekeeping, August 24, 2023.
9.3. Revised: August 1, 2024.
9.4. Next scheduled review date: August 2025.
10. Website
10.1. policy.oregonstate.edu/policy/retaliation
11. Contact Information
Equal Opportunity and Access
541-737-3556
eoa.oregonstate.edu
Report Retaliation to:
The Office of Equal Opportunity and Access (EOA)
2150 SW Jefferson Way, 330 Snell Hall
Corvallis, OR 97331
Email: [email protected]
Report Retaliation electronically at: eoa.oregonstate.edu
1 Retaliation connected to sexual/gender-based discrimination is defined and addressed in University Policy 05-001 Sexual Misconduct and Sex Discrimination. All retaliation complaints that include or stem from allegations of sexual/gender-based misconduct will be considered under Policy 05-001.