Adoption and Amendment of 21 Due Process Termination and Resignation Policies

Number: 
US14/15-33
Date of Notice: 
Tue, 01/20/2015
Legislation, Resolution, or Policy Adoption: 
Policy Adoption
Current Status: 
Approved on 1/21/2015
Motion: 

Section I

1.1 WHEREAS, the transition to a new Board of Trustees for the University under the law popularly known as Senate Bill 270 of 2013 removed the State Board of Higher Education as a future source of policies for the University of Oregon; and

1.2 WHEREAS, a number of rules adopted by the State Board of Higher Education in the past (primarily known as “Oregon Administrative Rules 580-[various]” or herein as “580 rules”) involve academic matters as commonly understood in higher education, including due process terminations and resignations (contained within Chapter 580, Division 21 (Conditions of Service), http://policies.uoregon.edu/sites/policies.uoregon.edu/files/uploads/OAR%20580%20-%20Division%2021.pdf); and

1.3 WHEREAS, the University of Oregon appears to have no adopted policies of its own regarding due process terminations and resignations; and

1.4 WHEREAS, 19 of the “580 rules” of the old State Board regarding terminations and resignations have provisions and due process protections that compare well to the Recommended Institutional Regulations on Academic Freedom and Tenure of the American Association of University Professors (AAUP) (http://www.aaup.org/report/recommended-institutional-regulations-academic-freedom-and-tenure and http://www.aaup.org/file/RIR%202014.pdf); and

1.5 WHEREAS, the terminology in two of the “580 rules” regarding due process terminations require updating of language so as not to refer to the “Chancellor”; and

1.6 WHEREAS, Section 170 (8) of Senate Bill 270 provides:

(8) Notwithstanding any other provision of this section, the lawfully adopted rules and policies of the State Board of Higher Education pertaining to a university with a governing board that are in effect on the effective date of this 2013 Act continue in effect until lawfully superseded or repealed by the standards or policies of the governing board or the university [emphasis added]; and

1.7 WHEREAS, linkages and comments are provided on the Senate’s “Master List” of rules and policies, including unique, easy-to-track identifying numbers (see Policies of Senate Interest Excel workbook),

Section II

2.1 BE IT HEREBY MOVED that the following 19 “580 rules” on due process termination (contained within http://policies.uoregon.edu/sites/policies.uoregon.edu/files/uploads/OAR%20580%20-%20Division%2021.pdf) be enacted as regular University of Oregon Policies:

303       580-021-0300    Resignations and Terminations    Resignations

304       580-021-0305    Resignations and Terminations    Timely Notice

305       580-021-0310    Resignations and Terminations    Terminations

306       580-021-0315    Resignations and Terminations    Termination Not for Cause

308       580-021-0320    Resignations and Terminations    Termination and Other Sanctions for
Cause

309       580-021-0325    Resignations and Terminations    Definition of Cause

310       580-021-0330    Resignations and Terminations    Initiation of Formal Proceedings

311       580-021-0335    Resignations and Terminations    Temporary Suspension of Academic Staff
Member
312       580-021-0340    Resignations and Terminations    Academic Staff Member's Request for a
Formal Hearing

313       580-021-0345    Resignations and Terminations    Hearing Committee

314       580-021-0350    Resignations and Terminations    Conduct of Hearing

315       580-021-0355    Resignations and Terminations    Committee's Report

317*      580-021-0365    Resignations and Terminations    Date of Termination

318*      580-021-0370    Resignations and Terminations    Review by the Board

329*      580-021-0375    Resignations and Terminations    Board's Initiative in Bringing
 Investigation or Charges

320*      580-021-0380    Resignations and Terminations    No Reprisals

321*      580-021-0385    Resignations and Terminations    Personnel Record

332*      580-021-0400    Resignations and Terminations    Construction

2.2 BE IT FURTHER MOVED that Rule 307 (580-021-0318), at the same web link, be amended as follows and enacted as a regular University of Oregon Policy:

580-021-0318

Other Personnel Actions Not for Cause

 

As authorized by statute and by authority delegated to the Chancellor and the institution presidents, university president, personnel may be transferred or reassigned within an institution in accordance with the staff needs of the institution or other units. Such personnel actions should not be considered sanctions for cause unless they result from actions described in OAR 580-021-0325.

 

Stat. Auth.: ORS 351

Stats. Implemented:

Hist.: HEB 1-1984, f. & cert. ef. 1-13-84

2.3 BE IT FURTHER MOVED that Rule 316* (580-021-0360), at the same web link, be amended as follows and enacted as a regular University of Oregon Policy:

580-021-0360

Action by the President

 

If deemed necessary, the president may refer the matter back to the committee for further findings of fact. The president shall, promptly after receipt of the committee's final report and after reasonable opportunity to consult with the Chancellor and others, give the academic staff member and the Chancellor written notice of the decision. If the decision is to impose a sanction or sanctions on an academic staff member, the notice shall include the reasons therefor, and when it is to be effective, provided, however, that the appointment of an academic staff member shall not be terminated except as provided in OAR 580-021-0365.

 

Stat. Auth.: ORS 351.070

Stats. Implemented: ORS 351.070

Hist.: HEB 3-1978, f. & cert. ef. 6-5-78; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96

* = denotes typo that has been corrected

Financial Impact: 
Cost Neutral
Sponsor: 

Senate Executive Committee (acting through Professor John E. Bonine)

Legislative History: 

See adoption notes at the end of each existing “580 rule.”