DIVISION 4
RIGHTS AND RESPONSIBILITIES
571-004-0005
Family Relationships and Employment
Appointments to positions at the University of Oregon shall be based upon merit as determined by job-related qualifications:
(1) Discrimination in favor of candidates who are related to persons involved in, or with an effective influence upon, the selection process is prohibited:
(a) However, relatives of individuals already employed by the University may not be denied equal employment opportunity or advancement in employment on the basis of family relationships. For the purposes of this rule relatives includes spouse, child, stepchild, parent, grandparent, grandchild, brother, sister, son-in-law, daughter-in-law, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, mother-in-law, and father-in-law;
(b) No members of the faculty or administration shall participate in making recommendations or decisions involving the employment, compensation, promotion, leave of absence, grievance adjustment, termination, or in the supervision of their relatives without prior permission of their immediate supervisor.
(2) In unusual circumstances a Vice President may consider an appointment of a member of a prospective or current employee's family to a position for which there was no search. In such cases:
(a) An ad hoc committee will be convened by the Vice President to be composed of the Director of Affirmative Action, the chair of the Equal Employment Opportunity Committee, and one or more faculty representatives from the affected department;
(b) The committee so convened shall consider whether the appointment furthers the institution's affirmative action goals, and whether the individual considered is of the quality of the University of Oregon faculty;
(c) After its consideration, the ad hoc committee will consult with and advise the appropriate Vice President with whom the final appointment decision rests.
(3) An employee who has a grievance under this rule may invoke the University's grievance procedures including, if appropriate, referral to the Committee on Equal Employment Opportunity, as provided under OAR 571-003-0010.
(4) A non-employee questioning the application of this rule may contact the Office of Affirmative Action, which shall provide information regarding available recourse.
(5) Nothing in this rule shall be construed to prevent the employment or advancement in employment of more than one member of a family in the same department or administrative unit, provided the decision to employ or advance has been made in accord with the other sections of this rule.
Stat. Auth.: ORS
351 & ORS
352
Stats. Implemented: ORS
351.070
Hist.: UOO 2-1983, f. & ef. 2-8-83
571-004-0007
Conflicts of Interest and Abuses of Power: Sexual or Romantic Relationships with Students
(1) The University is committed to fostering a learning environment characterized by professional behavior and fair and impartial treatment.
(a) A sexual or romantic relationship between a faculty member and a student or a staff member and a student can involve a conflict of interest, an abuse of power, compromised judgment and impaired objectivity when the faculty member or staff member has supervisory, evaluative or other power over the student. The power differential in the relationship may even make a student's consent to a sexual or romantic relationship suspect.
(b) Moreover, the relationship may create an apparent or actual conflict of interest that can adversely affect other members of the University community. It places the faculty member or staff member in a position to favor the interest of the student in the sexual or romantic relationship at the expense of third parties. Even if consensual, the relationship may be disruptive of the collegiality and mutual trust that are essential for the effective functioning of an academic unit.
(c) THEREFORE, it may be a conflict of interest and abuse of power for: faculty members to engage in sexual or romantic relationships with students enrolled in their classes or otherwise subject to their direct supervision or evaluation; staff members to engage in sexual or romantic relationships with students subject to their direct supervision or authority; work supervisors to engage in sexual or romantic relationship with students subject to their direct supervision or evaluation. This conflict of interest and abuse of power can occur even when both parties have consented to the relationship.
(2) Faculty/Student Sexual or Romantic Relationships.
(a) Within the instructional context: No faculty member should initiate or acquiesce in a sexual or romantic relationship with a student who is enrolled in a course being taught by the faculty member or whose academic work (including work as a teaching assistant) is supervised or evaluated by the faculty member. Should such a sexual or romantic relationship occur, notwithstanding this policy, a faculty member who fails to make prompt appropriate arrangements creates an apparent or actual conflict of interest. "Appropriate arrangement" is defined in (9)(a).
(b) Outside the instructional context: A sexual or romantic relationship between a faculty member and a student outside the instructional context may result in a conflict of interest and an abuse of power, particularly when the faculty member and student are in the same academic unit or in units that are academically allied. If such a situation should develop, notwithstanding this policy, the faculty member should immediately distance himself or herself from any decision that may reward or penalize the student with whom he or she is sexually or romantically involved. Failure to take this action constitutes a violation of the faculty member's professional obligations.
(3) Staff/Student Sexual or Romantic Relationships: A sexual or romantic relationship between a staff member and a student may lead to a conflict of interest when the staff member has supervisory, evaluative or other power over the student. Failure to withdraw from such a relationship or to make prompt appropriate arrangements (defined in (9)(a)) constitutes unwillingness to perform satisfactorily the responsibilities of the position and demonstrates unfitness for the position.
(4) Complaint process: Complaints by students with standing to allege a violation of this rule shall be handled in accordance with procedures set forth in OAR 571-003-0025. Complaints may be initiated by the student in the sexual or romantic relationship OR by third parties who are also in an evaluative relationship with the faculty or staff member and who allege they have been specifically adversely affected by the relationship. Complaints initiated by the students in the sexual or romantic relationship must be filed within 365 days of the end of the supervisory or evaluative relationship. Complaints initiated by third parties must be filed within 30 days of the end of the third party's evaluative relationship. The President can also initiate formal proceedings under OAR 580-021-0330; nothing in this rule shall preclude such action by the President.
(5) Basis for findings: In assessing the evidence in a complaint:
(a) Initiated by the student in the sexual or romantic relationship, the decision maker may only base his/her finding of a violation of this rule upon no less than a preponderance of evidence that the sexual or romantic relationship occurred and that prompt appropriate arrangements were not made;
(b) Initiated by a third party, the decision maker may only base his/her findings of a violation of this rule upon clear and convincing evidence that a sexual or romantic relationship occurred and that prompt appropriate arrangements were not made, leading to actual injury or prejudice;
(c) Consent to the sexual or romantic relationship does not obviate a conflict of interest as defined by this rule.
(6) Abuse of Process: Complaints found to have been intentionally dishonest or made with willful disregard of the truth may subject the complainant to appropriate disciplinary proceedings and the full range of sanctions available therein.
(7) Sanctions: Only the party with evaluative, supervisory or other power is subject to sanction for violating this rule. For faculty, imposition of sanctions under OAR 580-021-0320, et seq., typically involves a hearing panel of peers. Documentation (defined in (9)(c)) of arrangements believed to be appropriate will be taken into account in assessing whether a conflict of interest has occurred, whether it has been mitigated, and in determining the severity of sanction, if any. The following list of sanctions that may be imposed is not intended to be exhaustive, and more than one sanction may be imposed for any single offense: written reprimand placed in the personnel file of the faculty or staff member; reassignment of duties (e.g., teaching, administrative, or service duties); reduction in salary; suspension without pay; dismissal.
(a) Written reprimand may be imposed at the discretion of the appropriate Vice President.
(b) Reassignment of duties, reduction in salary, suspension without pay, or dismissal may be recommended by the appropriate vice president, but may be imposed only after completion of appropriate proceedings:
(A) For faculty members, for cause proceedings are outlined in OAR 580-021-0320, et seq., provided that in the case of a proceeding predicated upon a third-party claim, the evidence to support a sanction must be found to be clear and convincing.
(B) For classified employees, sanctions will be imposed in accordance with applicable collective bargaining agreements.
(8) Assistance/Intervention: Any member of the University community who enters into a sexual or romantic relationship that may constitute a conflict of interest or abuse of power as described above is encouraged strongly to seek the assistance of his or her unit director, department head, dean, supervisor, or the Director of the Office of Affirmative Action & Equal Opportunity in making appropriate arrangements and providing documentation of those arrangements. If, prior to or during the course of a sexual or romantic relationship, doubt exists about whether this rule would apply, the party is encouraged strongly to consult with the unit director, or, department head, dean, supervisor, or the Director of the Office of Affirmative Action & Equal Opportunity. Disclosure during such consultation shall be confidential to the extent possible. No action will be taken that could result in sanctions unless and until a complaint is filed.
(9) Definitions: As used in this rule:
(a) "Appropriate arrangement" means an action reasonably calculated to remove or substantially mitigate a conflict or a potential conflict of interest or abuse of power, taking into account the interests of the University, the parties to the relationship, and others actually or potentially affected. These actions may include, but are not limited to: moving a student to another section of the same class; appointing a different faculty member to serve on a thesis, dissertation, or other evaluative committee; establishing alternative means of evaluation of academic or work performance; moving a student employee to another position of the same or comparable status and duties.
(b) "Conflict of interest" means incompatibility of the interest of the University in securing detached, objective performance of instructional, supervisory, or other duties with the personal interest of the faculty or staff member involved in a sexual or romantic relationship with a student he or she supervises or evaluates.
(c) "Documentation" includes but is not limited to a written, dated, and signed description of the actions taken filed with a unit director, department head, dean, supervisor, or the director of the Office of Affirmative Action & Equal Opportunity. For those not willing to use a third-party repository, it may still be advisable to retain a written, signed, and dated declaration of the mitigating actions taken.
(d) "Faculty" or "faculty member" means all those employees who hold academic appointments, including officers of administration and graduate teaching fellows, and anyone else who teaches classes at the University and/or supervises the academic work of students.
(e) "Power" means the real or objectively apparent authority or ability of an employee to confer or influence the academic, employment or other benefits of a student including, but not limited to: giving grades, evaluating performance, awarding financial benefits, or provision of University services or activities.
(f) "Standing" means that a student has a supervisory or evaluative relationship with a faculty or staff member and is specifically injured by a conflict of interest as defined by this rule.
(g) "Staff" or "staff member" means all University employees who do not hold academic rank.
(h) "Supervisor" or "employee with supervisory responsibility" means all employees who exercise responsibility for provision of University services, assigning work, evaluating performance, or otherwise making decisions that affect the terms and conditions of a student's employment or academic experience at the University.
Stat. Auth.: ORS
351.070
Stats. Implemented: ORS
351.070
Hist.: UOO 4-1997, f. & cert. ef. 5-22-97
571-004-0010
Tandem Appointments
Specific work sites, circumstances or job responsibilities (e.g., grants) may warrant the hiring of tandem teams. Tandem team appoint-ments must receive prior approval of the appropriate Vice President:
(1) A tandem team is defined as a group of two or more individuals working together in a department or on a project toward specific objectives (e.g., grant) and does not refer to job-splitting appointments. In tandem teams the combined qualifications of the individuals who make up the team shall be used in the determination of employment decisions.
(2) Nothing in this rule should be construed to deny any member of a tandem team equal opportunity in University employment, provided the appointment has been based upon open competition and merit, and other members of the team have not unduly influenced the selection process.
Stat. Auth.: ORS
351 & ORS
352
Stats. Implemented: ORS
351.070
Hist.: UOO 2-1983, f. & ef. 2-8-83
571-004-0015
Health Insurance Requirements for Non-immigrant Foreign Students and Their Dependents
(1) In order to assist the University in executing its reporting and certifying obligations under federal regulations, nonimmigrant foreign students at the University of Oregon must demonstrate their ability to meet their financial responsibilities in full. The University hereby establishes that these responsibilities include the provision by nonimmigrant foreign students for health and accident care for themselves and dependent family members in the United States.
(2) All nonimmigrant foreign students enrolled part- or full-time at the University of Oregon will be required to carry health and accident insurance for themselves and all their dependent family members in the United States.
(3) The health and accident policy carried by each nonimmigrant foreign student must provide coverage comparable to the one offered through ASUO (currently providing for a minimum of $25,000 per accident or illness) or meet guidelines established by the National Association for Foreign Student Affairs or the American College Health Association. The policy may be underwritten by a foreign insurance carrier but it must be payable in the United States for medical expenses incurred in this country.
(4) Such insurance policy must be in force for a 12 month period commencing during the registration period of the student's first term at the University. Request for term-by-term insurance coverage, or for any coverage extending for a period of less than one year from the date of a student's first registration, must be made in writing to a foreign student advisor in the University's Office of International Services. Exceptions may be granted in cases involving factors including, but not limited to, graduation during the academic year.
(5) Nonimmigrant foreign students must provide proof of adequate insurance coverage acceptable to the Office of International Services before they are permitted to register for classes during their first term of enrollment for any given academic year. Documentation of such adequate coverage must indicate in English the insurance company's name and address for billing purposes, policy number, the coverage terms of the policy, the effective dates of the policy, any exclusions, the names of the individuals covered by the policy, and the maximum amount of coverage per accident and illness and/or in terms of cumulative benefits.
(6) If an enrolling nonimmigrant foreign student does not provide acceptable proof of adequate health insurance for him-or herself and for dependent family members in the United States, the Office of International Services may restrict University registration and issuance of immigration documents (for travel, extensions of stay, employment requests, practical training, dependent matters, etc.) for the student and the student's dependent family members.
(7) Nonimmigrant foreign students shall be notified in writing of these requirements before departing for Eugene and again before they complete matriculation at the University. A similar notice shall appear in the University Bulletins next regularly published after the adoption of this rule. These notices shall inform such students that they may contest the factual premise underlying any proposed restriction referred to in section (6) of this rule by presenting their documentation and arguments before the Director of International Services or that person's designee.
(8) Pending the resolution of any dispute over the conformity of a proffered policy with guidelines referred to in section (3) of this rule, the student proffering the insurance in question shall be permitted to register, and shall, in the event of an adverse decision compelling withdrawal from the University subsequent to registration, be guaranteed a refund of any tuition paid for the term in which withdrawal ultimately took place.
Stat. Auth.: ORS
351 & ORS
352
Stats. Implemented: ORS
351.070
Hist.: UOO 5-1988, f. & cert. ef. 6-29-88
571-004-0016
Required Immunization
(1) All individuals born after December 31, 1956 and who enter the University of Oregon after this rule is promulgated, must show proof of two measles and mumps vaccinations:
(a) Students will not be permitted to register for a second term without proof of measles and mumps immunization, consistent with the requirements of this rule, on record at the Student Health Center;
(b) After the beginning of a term, registered students may be vaccinated at the Student Health Center for a charge.
(2) Acceptable evidence of immunity to measles and mumps shall consist of one of the following for each disease:
(a) Documentation of two doses of MMR (Measles/Mumps/Rubella) vaccine with the first dose on or after their first birthday and the second dose no less than 28 days following the first. Documentation of immunization must consist of an official immunization record or be signed by a health care provider to meet this requirement;
(b) Physician-documented measles and mumps infection. A letter or other documentation signed by a health care provider is required to meet this requirement;
(c) Documented laboratory evidence of immunity to measles and mumps; or
(d) Birth prior to January 1, 1957.
(3) Notwithstanding any other provision of this rule, beginning September 1, 2007, for students who are attending the University of Oregon pursuant to a non-immigrant visa, documentation of measles and mumps vaccination must be provided prior to the student attending classes. If the student's first dose of measles and mumps vaccine was received less than 30 days prior to attendance, the student has until the beginning of the second term or semester to provide documentation of the second dose.
(4) Students seeking exemption from this requirement because of age, medical condition, or sincerely held religious belief shall complete and present to the designated Student Health Center official an exemption form. Forms are available at no cost upon request at the Student Health Center main desk. Forms also will be available during registration.
(5) Students without evidence of immunity to measles or mumps may be excluded from classes and other university activities in the event of an outbreak of measles or mumps involving University of Oregon students and/or staff.
Stat. Auth.: ORS 351 & 352
Stats. Implemented: ORS 351.070
Hist.: UOO 2-1991, f. & cert. ef. 1-30-91; UO 2-2006, f. 8-29-06,
cert. ef. 9-1-06; UO 2-2007(Temp), f. 2-13-07, cert. ef. 2-14-07 thru
8-1-07; UO 12-2007, f. 7-20-07, cert. ef. 8-1-07
571-004-0020
Introduction
(1) In the interest of the personal health and safety of student-athletes competing for and against the University of Oregon in its intercollegiate athletic program and in the interest of fair and sporting competition, the Department of Intercollegiate Athletics (Athletic Department) does not condone drug and substance abuse or illegal use by a student-athlete. Nor does the Department endorse or permit the use of performance affecting substances. Therapeutic or behavior modifying actions shall be instituted promptly following any initial positive test.
(2) The Athletic Department has instituted a program of drug screening by urinalysis for student-athletes engaged in intercollegiate athletics. The screening process shall be initiated only on the basis of individualized reasonable suspicion or on the basis of failing a standard laboratory-generated specimen-integrity test in the course of a previous screening under these rules. The circumstances, conditions, or events giving rise to such reasonable suspicion and the source thereof shall be recorded in writing by the team physician who shall be the only person to authorize and initiate the drug testing process. Said record shall be deemed a confidential, exempt record and shall be kept in a secure place separate from and not a part of the student-athlete's educational or medical records.
(3) "Reasonable suspicion" shall not mean a mere "hunch" or "intuition". It shall instead be based upon a specific event or occurrence which has led to the belief that a student-athlete has used any drugs which are specified in OAR 571-004-0025(5) and which could have or could have had an effect during a period of organized practice, conditioning, or competition or during a period of counseling for substance abuse or, in the case of steroids, during any period of pre-season conditioning or weight training:
(a) Such belief may be engendered by, among other things, direct observation by coaches, trainers, or the team physician of physical or mental deficiency or of medically indicated symptomology of tested-for drug use, or of aberrant or otherwise patently suspicious conduct or of unexplained absenteeism;
(b) Such belief may also be engendered by, among other things, information supplied by reliable third parties, including but not limited to law enforcement officials, if said information is corroborated by objective facts, including but not limited to, equivocal, contradictory, or unlikely and unsubstantiated explanation by the individual about whom the report is made. Should information be proffered by law enforcement, prosecutorial or probation department officials, the University will only utilize and act upon such information if it succeeds in getting a written agreement from said source that results of a potential test will not be used by said source to prosecute or revoke parole for the use or ingestion of the thereby-disclosed drug;
(c) Such belief may also be engendered by common-sense conclusions about observed or reliably described human behavior upon which practical people ordinarily rely;
(d) Such belief may also be engendered by a previous positive test under these procedures within the preceding twelve months.
Stat. Auth.: ORS
351 & ORS
352
Stats. Implemented: ORS
352.008
Hist.: UOO 7-1988(Temp), f. & cert. ef. 8-12-88; UOO 1-1989, f.
2-6-89, cert. ef. 2-9-89
571-004-0025
Testing Method
(1) The standard method adopted by the Athletic Department for testing for drug use shall be through independent laboratory analysis of urine samples provided by student-athletes. Urine specimens shall be collected in the proximity of a trained monitor of the same sex who is assigned for that purpose by the Athletic Department administration in compliance with the protocol described in OAR 571-004-0035, Specimen Collection and Role of Monitor.
(2) Results of the test shall be available only to the student athlete, to the head coach in the athlete's sport, to the Athletic Director, and to the Team Physician. Should any challenge to the test results, consequences of the test or the test procedures be raised in relation to a particular student-athlete, other appropriate University officials may access the information in order to carry out their responsibilities in handling the challenge (see also OAR 571-020-0010(1)(i)). This is the only circumstance under which test results could be shared notwithstanding the more general reference to responsibilities in the referenced rule.
(3) The Team Physician shall determine, after consultation with the head coach, whether it is appropriate to involve a drug and substance abuse counselor.
(4) Each student-athlete shall be provided with a copy of a list of tested-for drugs and substances, along with a copy of the rules describing the Athletic Department Substance Use and Drug Testing before the start of the playing season or when the name of the student-athlete is first entered upon the team roster, whichever is later.
(5) The substances for which the student-athlete will be tested are: Amphetamines, cocaine, anabolic steroids, and marijuana, or their derivative compounds.
(6) A student-athlete who refuses to provide a urine sample during the test process or within four hours of the designated time shall be deemed to be in violation of the objectives of the team or sport.
Stat. Auth.: ORS
351 & ORS
352
Stats. Implemented: ORS
352.008
Hist.: UOO 7-1988(Temp), f. & cert. ef. 8-12-88; UOO 1-1989, f.
2-6-89, cert. ef. 2-9-89
571-004-0030
Testing Protocol
(1) The Athletic Department protocol for testing student athletes shall minimize the chances of accidental error or cheating. The protocol shall not provide for visual observation of voiding. A copy of the rule describing this protocol shall be provided to each student-athlete along with a copy of the rules describing the Athletic Department Substance Use and Drug Testing. The protocols for collection and testing are incorporated in OAR 571-004-0035 and 571-004-0040 respectively.
(2) Coaches shall not be involved in the urine sample collection process.
(3) Testing of urine samples shall be performed by an independent laboratory qualified to conduct such procedures.
(4) Confirmation of positives from initial screening shall be achieved by use of split samples and follow-up testing using a procedure at least as accurate as gas chromatography -- Mass spectometry.
Stat. Auth.: ORS
351 & ORS
352
Stats. Implemented: ORS
352.008
Hist.: UOO 7-1988(Temp), f. & cert. ef. 8-12-88; UOO 1-1989, f.
2-6-89, cert. ef. 2-9-89
571-004-0035
Specimen Collection and Role of Monitor
(1) The Athletic Department protocol described in the sections below shall be followed in the collection of specimens.
(2) Student-athlete is escorted by University non-uniformed personnel to the designated area at the designated local laboratory.
(3) Monitor asks student-athlete to select four sealed specimen containers and to letter them "A", "B", "C", and "D" respectively.
(4) Student-athlete will sign identification form and container labels at entry point. The student-athlete will then follow the monitor to the collection area.
(5) Toilet bowls and tanks shall be filled with water containing colored dye.
(6) Student-athlete shall empty all pockets and shall leave contents of pockets plus purses, back packs, and similar containers (all inside a sealed sack) with the monitor.
(7) Student-athlete shall enter collection stall and shall close the privacy curtain. Monitor shall remain immediately outside the stall. Quiet shall be maintained. After voiding into two specimen containers, student-athlete shall emerge and hand the capped containers to the monitor. The monitor shall test the temperature of the containers by a non-contaminating method in full view of the student-athlete. The monitor shall return the collection container to the student-athlete immediately after the temperature determination. The monitor shall inspect the collection stall before and after the specimen is collected. Only the monitor shall flush the toilet.
(8) The student-athlete shall then, in the presence of the monitor, pour off approximately half the contents of containers A and B into containers C and D respectively and shall then cap, seal, tape, and initial all four containers.
(9) Monitor and student-athlete shall proceed together to the specimen receiving area. The specimen is to remain in view of the monitor until the monitor signs off as described in section (12) of this rule.
(10) Monitor determines if student is taking any medication and enters this information on the certification form.
(11) Monitor signs control sheet affirming monitored specimen collection on the certification form.
(12) If unable to produce a specimen at all, the student-athlete shall be asked to return to the designated area to wait. The student-athlete begins the entire procedure anew when student-athlete deems readiness.
(13) If the student-athlete is unable to supply the necessary quantity, but wishes to keep the partial sample, then she or he must:
(a) Cover the container with the lid and then wait in the patient reception room under the view of the monitor;
(b) Keep the container in her or his possession and be out of arm's reach of any other person. He or she may request liquid but must stay in possession of partial sample and remain under continuous observation of monitor; and
(c) When the student-athlete indicates to the monitor readiness to complete the collection, he or she is then accompanied by the monitor to resume the process at section (7) of this rule.
(14) In the event an empty container is left standing, or a partially or fully filled container is not in close proximity and possession of the student-athlete associated with it, the monitor or an employee of the laboratory shall dispose of the container.
Stat. Auth.: ORS
351 & ORS
352
Stats. Implemented: ORS
352.008
Hist.: UOO 7-1988(Temp), f. & cert. ef. 8-12-88; UOO 1-1989, f.
2-6-89, cert. ef. 2-9-89
571-004-0040
Specimen Handling and Preliminary Testing
(1) The following Athletic Department protocols shall be followed in handling student-athlete specimens and testing the specimens.
(2) Monitor reports to laboratory area with specimen in hand.
(3) After specimens have been received by the designated local laboratory, the following policies are in effect:
(a) Specimens are held in the designated local laboratory according to the following schedule:
(A) One week for a negative test result;
(B) 180 days for a positive test result.
(b) The laboratory staff communicates with designated Athletic Department personnel when the screening indicates a positive result. Split samples are used and final confirmation of positive comes only from GC-MS method (gas chromatography -- Mass spectometry);
(c) Anabolic steroid tests will be conducted by a laboratory qualified to perform such tests.
(4) Test results and the fact of testing shall be treated confidentially at all times. Test results and related information shall be stored securely separately from other educational or medical records. University and laboratory employees shall not disclose or discuss the fact or the outcome of testing or the identity of the person tested except insofar as necessary to carry out their official and professional responsibilities. The phrase "official responsibilities" shall not extend to financial aid (other than termination appeals under OAR 571-004-0050(4), student conduct, housing or campus security activities.
(5) Laboratories testing specimens shall employ secure storage and chain-of-custody/signature/name/date-time-location-purpose documentation continuously while in possession of specimens.
Stat. Auth.: ORS
351 & ORS
352
Stats. Implemented: ORS
352.008
Hist.: UOO 7-1988(Temp), f. & cert. ef. 8-12-88; UOO 1-1989, f.
2-6-89, cert. ef. 2-9-89
571-004-0045
Drug Education and Counseling Services
Working with the Dean of Students, the Student Health Center, the Team Physician, and other campus resources, the Athletic Department administration shall provide a program of drug information and counseling referral for student-athletes.
Stat. Auth.: ORS
351 & ORS
352
Stats. Implemented: ORS
352.008
Hist.: UOO 7-1988(Temp), f. & cert. ef. 8-12-88; UOO 1-1989, f.
2-6-89, cert. ef. 2-9-89
571-004-0050
Positive Test Results Sanctions
(1) The team physician and the head coach alone shall review a positive test result and shall, bearing in mind the type of tested-for drug(s) used, the recency of use, the medical, safety and performance-enhancing effects of its use, formulate a treatment/behavior modification program for the student-athlete. Such program shall include abstinence of further use and periodic retesting and may include counseling, physical therapy, reduced playing time and withholding from contact drills, scrimmages, or competitions.
(2) If repeated positive tests or admissions reveal continuing use of tested-for drugs on two occasions beyond the initial positive test, the student-athlete shall be expelled from the team and shall lose all athletic grant-in-aid support beginning with the next academic term. If the student-athlete declines three times to provide a sample, or if the student-athlete is involved in any combination of positive tests or declinations totaling three, he or she shall similarly be expelled from the team and lose all athletic grant-in-aid support. The student-athlete shall first be offered a contested-case hearing under OAR 571-002-0000 et seq.
(3) If a student-athlete refuses to provide a urine sample during the test process or within four hours of the designated time, the student-athlete shall be deemed to be in violation of the objectives of the team and shall be withheld from contact-drills, scrimmages and game competition for the next three weeks of the competition season(s) starting immediately. Except in instances of individualized reasonable suspicion of steroid use or a prior positive test within twelve months, the student-athlete shall not be tested following such refusal and withholding on the basis of the original reason for individualized reasonable suspicion.
Stat. Auth.: ORS
351 & ORS
352
Stats. Implemented: ORS
352.008
Hist.: UOO 1-1989, f. 2-6-89, cert. ef. 2-9-89
571-004-0055
Records Security
(1) The University has no purpose of invoking or facilitating criminal justice procedures or Student Conduct Code disciplinary proceedings arising out of the use or ingestion of the tested-for substances.
(2) The University in conducting the testing program is not acting in aid of, or as an agent for, state or federal law enforcement officials. Nor are those administering the tests acting as, for, or on behalf of the Office of Student Conduct. The off-campus use of substances tested for under this rule is not a violation of the Student Conduct Code.
(3) Test results shall be deemed by the University as part of a student's educational/ medical records protected from disclosure under state and federal law. However, these laws do not immunize student educational records from disclosure pursuant to a subpoena from a federal court or federal agency with power to issue subpoenas or pursuant to a court order. In such an instance, the University will take reasonable steps to notify the record-subject in advance of compliance with any such subpoena or order. The University or the record-subject may move the court or agency to quash any portion of the subpoena which pertains to drug testing records or to withdraw or narrow any such court order.
Stat. Auth.: ORS
351 & ORS
352
Stats. Implemented: ORS
352.008
Hist.: UOO 7-1988(Temp), f. & cert. ef. 8-12-88 UOO 1-1989, f.
2-6-89, cert. ef. 2-9-89
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