Oregon Bulletin
Rule
Caption: Sets fees/charges at Oregon State
University, fiscal year 2011–2012.
Adm.
Order No.: OSU 8-2011
Filed with Sec. of
State: 12-27-2011
Certified to be
Effective: 12-27-11
Notice Publication
Date: 11-1-2011
Rules Amended: 576-010-0000
Subject: The proposed amendment will set fees and charges for
designated services at Oregon State University for fiscal year 20111–2012.
The rule states: “The university hereby adopts by reference a list of fees and
charges for fiscal year 2011_2012. The list of fees and charges is available at
Oregon State University’s Valley Library, and is hereby incorporated by
reference in this rule.”
Rules Coordinator: Beth Giddens—(541) 737-2449
576-010-0000
Fees and Charges
The University hereby adopts by reference a list of
fees and charges for January 1–June 30, 2011. This List of Fees and
Charges is available at the Oregon State University Valley Library, and is
hereby incorporated by reference in the rule.
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 351.070, 352.360
& 580-040-0010
Stats. Implemented: ORS 351.070
& 352.360
Hist.: OSU 3-1980, f. & ef.
10-31-80; OSU 1-1982, f. & ef. 8-27-82; OSU 1-1983(Temp), f. & ef.
9-26-83; OSU 1-1986, f. & ef. 6-4-86; OSU 2-1987, f. 6-11-87, ef. 7-1-87;
OSU 2-1988, f. 6-15-88, cert. ef. 7-1-88; OSU 4-1989, f. 6-13-89, cert. ef.
7-1-89; OSU 1-1990, f. 6-15-90, cert. ef. 7-1-90; OSU 6-1991, f. 6-3-91, cert.
ef. 7-1-91; OSU 2-1992, f. 6-5-92, cert. ef. 7-1-92; OSU 5-1993, f. 6-9-93,
cert. ef. 7-1-93; OSU 1-1994, f. 6-8-94, cert. ef. 7-1-94; OSU 2-1995, f.
6-20-95, cert. ef. 7-1-95; OSU 6-1996, f. & cert. ef. 7-1-96; OSU 5-1997;
f. 6-16-97, cert. ef. 7-1-97; OSU 7-1998, f. 6-30-98, cert. ef. 7-1-98; OSU
3-1999, f. 6-17-99, cert. ef. 7-1-99; OSU 1-2000, f. 6-21-00, cert. ef. 7-1-00;
OSU 5-2001, f. 6-18-01, cert. ef. 7-1-01; OSU 6-2002, f. 6-5-02, cert. ef.
7-1-02; OSU 1-2003, f. 6-19-03, cert. ef. 7-1-03; OSU 1-2004, f. 6-23-04, cert.
ef. 7-1-04; OSU 1-2005, f. 6-13-05, cert. ef. 7-1-05; OSU 1-2006, f. 6-23-06,
cert. ef. 7-1-06; OSU 1-2007, f. 6-18-07, cert. ef. 7-1-07; OSU 3-2008, f.
6-27-08, cert. ef. 7-1-08; OSU 2-2009, f. 6-16-09, cert. ef. 7-1-09; OSU
1-2010, f. 6-30-10, cert. ef. 7-1-10; OSU 1-2011, f. 6-13-11, cert. ef. 7-1-11;
OSU 8-2011, f. & cert. ef. 12-27-11
Rule
Caption: Confidentiality and
Inadmissibility of Workplace Interpersonal Dispute Mediation Communications.
Adm.
Order No.: OSU 9-2011
Filed with Sec. of
State: 12-27-2011
Certified to be
Effective: 12-27-11
Notice Publication
Date: 11-1-2011
Rules Adopted: 576-001-0060
Subject: Provides for confidentiality and inadmissibility of
workplace interpersonal mediation communications.
Rules Coordinator: Beth Giddens—(541) 737-2449
576-001-0060
Confidentiality and
Inadmissibility of Workplace Interpersonal Dispute Mediation Communications
(1) This rule applies to workplace interpersonal
disputes, which are disputes involving the interpersonal relationships between
the University’s employees, officials or employees and officials. This rule
does not apply to disputes involving the negotiation of labor contracts or
matters about which a tort claim notice or a lawsuit has been filed.
(2) The words and phrases used in this rule have the
same meaning as given to them in ORS 36.110 and 36.234.
(3) Nothing in this rule affects any confidentiality
created by other law.
(4) To the extent mediation communications would
otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those
mediation communications are not admissible as provided in ORS 40.190 (OEC Rule
408), notwithstanding any provisions to the contrary in section (9) of this
rule.
(5) A mediator may not disclose or be compelled to
disclose mediation communications in a mediation and, if disclosed, such
communications may not be introduced into evidence in any subsequent
administrative, judicial or arbitration proceeding unless
(a) All the parties to the mediation and the mediator
agree in writing to the disclosure; or
(b) The mediation communication may be disclosed or
introduced into evidence in a subsequent proceeding as provided in subsections
(c) or (h)–(j) of section (7) of this rule.
(6) Except as provided in section (7) of this rule,
mediation communications in mediations involving workplace interpersonal
disputes are confidential and may not be disclosed to any other person, are not
admissible in any subsequent administrative, judicial or arbitration proceeding
and may not be disclosed during testimony in, or during any discovery conducted
as part of a subsequent proceeding, or introduced into evidence by the parties
or the mediator in any subsequent proceeding so long as:
(a) The parties to the mediation and the University
have agreed in writing to the confidentiality of the mediation, and;
(b) The person agreeing to the confidentiality of the
mediation on behalf of the University:
(A) Is neither a party to the dispute nor the mediator,
and
(B) Is designated by the University to authorize
confidentiality for the mediation, and
(C) Is at the same or higher level in the University
than any of the parties to the mediation or who is a person with responsibility
for human resources or personnel matters in the University, unless the
University head or member of the governing board is one of the persons involved
in the interpersonal dispute, in which case the Governor or the Governor’s
designee.
(7) Exceptions to confidentiality and inadmissibility:
(a) Any statements, memoranda, work products, documents
and other materials, otherwise subject to discovery that were not prepared
specifically for use in the mediation are not confidential and may be disclosed
or introduced into evidence in a subsequent proceeding.
(b) Any mediation communications that are public
records, as defined in ORS 192.410(4), and were not specifically prepared for
use in the mediation are not confidential and may be disclosed or introduced
into evidence in a subsequent proceeding unless the substance of the
communication is confidential or privileged under state or federal law.
(c) A mediation communication is not confidential and
may be disclosed by any person receiving the communication to the extent that
person reasonably believes that disclosing the communication is necessary to
prevent the commission of a crime that is likely to result in death or bodily
injury to any person. A mediation communication is not confidential and may be
disclosed in a subsequent proceeding to the extent its disclosure may further
the investigation or prosecution of a felony crime involving physical violence
to a person.
(d) The parties to the mediation may agree in writing
that all or part of the mediation communications are not confidential or that
all or part of the mediation communications may be disclosed and may be
introduced into evidence in a subsequent proceeding unless the substance of the
communication is confidential, privileged or otherwise prohibited from
disclosure under state or federal law.
(e) A party to the mediation may disclose confidential
mediation communications to a person if the party’s communication with that
person is privileged under ORS chapter 40 or other provision of law. A party to
the mediation may disclose confidential mediation communications to a person
for the purpose of obtaining advice concerning the subject matter of the
mediation, if all the parties agree.
(f) A written mediation communication may be disclosed
or introduced as evidence in a subsequent proceeding at the discretion of the
party who prepared the communication so long as the communication is not
otherwise confidential under state or federal law and does not contain
confidential information from the mediator or another party who does not agree
to the disclosure.
(g) In any proceeding to enforce, modify or set aside a
mediation agreement, a party to the mediation may disclose mediation
communications and such communications may be introduced as evidence to the
extent necessary to prosecute or defend the matter. At the request of a party,
the court may seal any part of the record of the proceeding to prevent further
disclosure of mediation communications or agreements to persons other than the
parties to the agreement.
(h) In an action for damages or other relief between a
party to the mediation and a mediator or mediation program, mediation
communications are not confidential and may be disclosed and may be introduced
as evidence to the extent necessary to prosecute or defend the matter. At the
request of a party, the court may seal any part of the record of the proceeding
to prevent further disclosure of the mediation communications or agreements
(i) To the extent a mediation communication contains
information the substance of which is required to be disclosed by Oregon
statute, other than ORS 192.410 to 192.505, that portion of the communication
may be disclosed as required by statute.
(j) The mediator may report the disposition of a
mediation to the University at the conclusion of the mediation so long as the
report does not disclose specific confidential mediation communications. The
University or the mediator may use or disclose confidential mediation
communications for research, training or educational purposes, subject to the
provisions of ORS 36.232(4).
(8) The terms of any agreement arising out of the
mediation of a workplace interpersonal dispute are confidential so long as the
parties and the University so agree in writing. Any term of an agreement that
requires an expenditure of public funds, other than expenditures of $1,000 or
less for employee training, employee counseling or purchases of equipment that
remain the property of the University, may not be made confidential.
(9) When a mediation is subject to section (6) of this
rule, the University will provide to all parties to the mediation and to the
mediator a copy of this rule or an explanation of where a copy of the rule may
be obtained. Violation of this provision does not waive confidentiality or
inadmissibility.
Stat. Auth.: ORS 36.224
Stats. Implemented: ORS 36.230(4)
Hist.: OSU 7-2011(Temp), f. &
cert. ef. 9-22-11 thru 3-20-12; OSU 9-2011, f. & cert. ef. 12-27-11
Rule
Caption: Amends Oregon State University’s
Policy on Smoking.
Adm.
Order No.: OSU 10-2011
Filed with Sec. of
State: 12-27-2011
Certified to be
Effective: 12-27-11
Notice Publication
Date: 11-1-2011
Rules Amended: 576-040-0010, 576-040-0012, 576-040-0015
Rules Repealed: 576-040-0025, 576-040-0030, 576-040-0035
Subject: The proposed amendments and repeals implement a
smoke-free campus at Oregon State University’s Corvallis campus.
Rules Coordinator: Beth Giddens—(541) 737-2449
576-040-0010
Purpose
It is the policy of Oregon State University (the
“University”) that students, faculty, staff, consultants, contractors and
visitors are entitled to and will be provided smoke-free areas in which to
study, work, teach, conduct research, transact business, and otherwise
participate in University activities.
Stat. Auth.: ORS 243.345, 243.350,
351.070 & 433.835 - 433.850
Stats. Implemented: ORS 243.345,
243.350, 351.070 & 433.835 - 433.850
Hist.: OSU 3-1988(Temp), f.
7-12-88, cert. ef. 7-15-88; OSU 6-1988, f. & cert. ef. 11-9-88; OSU
10-2011, f. & cert. ef. 12-27-11
576-040-0012
Definition
(1) “Smoking” means inhaling or exhaling smoke from, or
burning or carrying, any lighted Smoking Instrument, or using an electronic
cigarette or device intended to simulate smoking.
(2) “Smoking Instrument” means a cigar, cigarette,
pipe, electronic cigarette or other device intended to simulate smoking.
(3) “Corvallis Campus” means the entire area within the
boundary of the University’s Corvallis campus, as illustrated at
http://oregonstate.edu/smokefree/map, as well as all other University-owned
property within Benton County that is marked with signage indicating a
no-smoking environment.
(4) “Enclosed University facilities” means all
University-owned space between a floor and a ceiling that is enclosed on three
or more sides by permanent or temporary walls or windows, exclusive of doors or
passageways that extend from the floor to the ceiling.
(5) “Service Line” means any indoor line, or any
portion of an indoor line that extends out of doors, at which one or more
persons are waiting for or receiving services of any kind, whether or not such
services involves the exchange of money.
Stat. Auth.: ORS 243.345, 243.350,
351.070 & 433.835 - 433.850
Stats. Implemented: ORS 243.345,
243.350, 351.070 & 433.835 - 433.850
Hist.: OSU 8-1998, f. & cert.
ef. 8-24-98; OSU 10-2011, f. & cert. ef. 12-27-11
576-040-0015
Areas in Which Smoking is
Prohibited
Smoking or carrying any lighted Smoking Instrument is
prohibited:
(1) Within Enclosed University Facilities, including
but not limited to offices, reception areas, laboratories, lavatories,
classrooms, stairwells, hallways, lobbies, meeting rooms, gymnasiums,
elevators, and storage rooms; and
(2) In any indoor or outdoor space on the Corvallis
Campus, including but not limited to parking lots, grounds, rooftops, athletic
facilities, entrances and exit ways;
(3) Within all vehicles on Corvallis Campus;
(4) With the exception of Corvallis Campus, within ten
(10 feet of any entrance, window, or ventilation system of any Enclosed
University Facility where smoking is prohibited or of any Service Line that
extends out of doors; and
(5) Within any University Motor Pool vehicle.
Stat. Auth.: ORS 243.345, 243.350
& 351.070
Stats. Implemented: ORS 243.345,
243.350 & 351.070
Hist.: OSU 3-1988(Temp), f.
7-12-88, cert. ef. 7-15-88; OSU 6-1988, f. & cert. ef. 11-9-88; OSU
11-1991, f. & cert. ef. 11-13-91; OSU 8-1998, f. & cert. ef. 8-24-98;
OSU 10-2011, f. & cert. ef. 12-27-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.
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