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Oregon Bulletin

April 1, 2012

Oregon University System, Portland State University, Chapter 577

Rule Caption: Amends rule to eliminate the prohibition against possession or use of firearms on University property.

Adm. Order No.: PSU 1-2012(Temp)

Filed with Sec. of State: 3-12-2012

Certified to be Effective: 3-12-12 thru 9-7-12

Notice Publication Date:

Rules Amended: 577-031-0135

Subject: The proposed amendment to Portland State University’s Student Conduct Code is needed in response to the Oregon Court of Appeals decision in Oregon Firearm Education Foundation v. Oregon State Board of Higher Education and to align the University’s rules and policies with the State Board of Higher Education’s rules and policies regarding firearms on campus.

 A copy of the text of the rule with the proposed amendments is attached.

Rules Coordinator: Diane Kirk—(503) 725-2656

577-031-0135

Proscribed Conduct by the State Board of Higher Education

The following constitutes conduct as proscribed by the State Board of Higher Education for which a student or Recognized Student Organization or group is subject to disciplinary action:

(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.

(2) Obstruction or disruption interfering with freedom of movement, either pedestrian or vehicular, on University-owned or -controlled property.

(3) Possession or use of explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on University-owned or -controlled property, unless authorized by law, Board or PSU rules or policies.

(4) Detention or physical abuse of any person or conduct which is intended to threaten imminent bodily harm or endanger the health of any person on University-owned or -controlled property.

(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.

(6) Refusal by any person while on University property to comply with an order of the President of the University, or appropriate authorized official or officials, to leave such premises because of conduct proscribed by the Code, when such conduct constitutes a danger to personal safety, property, or other appropriate University activities on such premises.

(7) Unauthorized entry to or use of University facilities, including buildings and grounds.

(8) Illegal use, possession or distribution of drugs on University-owned or -controlled property.

(9) Inciting others to engage in any of the conduct or to perform any of the acts prohibited in this Code. Inciting means that advocacy of proscribed conduct that calls upon 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.

(10) Violating the State Board of Higher Education’s Policy for Intercollegiate Athletics as described in Section 8 of its Internal Management Directives, specifically including the subsection entitled Code of Ethics.

Stat. Auth.: ORS 351.070
Stats. Implemented:
Hist.: PSU 1-1982, f. & ef. 4-22-82; PSU 1-1994, f. & cert. ef. 1-10-94; PSU 3-1994, f. & cert. ef. 10-26-94; PSU 2-2002, f. & cert. ef. 10-22-02; PSU 4-2006, f. & cert. ef. 8-22-06; PSU 3-2009, f. 8-13-09, cert. ef. 9-28-09; PSU 1-2012(Temp), f. & cert. ef. 3-12-12 thru 9-7-12

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.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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