2015 ORS 352.218¹
Affirmative action plan
  • interview of qualified minority applicants

(1) As used in this section, "minority" means:

(a) A person having origins in any of the black racial groups of Africa but who is not Hispanic;

(b) A person of Hispanic culture or origin;

(c) A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands; or

(d) An American Indian or Alaskan Native having origins in any of the original peoples of North America.

(2) Each public university listed in ORS 352.002 (Public universities) shall:

(a) Consider and maintain affirmative action plans and goals when reductions in faculty and staff are required as a result of:

(A) Reductions in revenue that necessitate discontinuance of its educational program at its anticipated level;

(B) Elimination of classes due to decreased student enrollment; or

(C) Reduction in courses due to administrative decisions.

(b) Interview one or more qualified minority applicants when hiring a head coach or athletic director, unless the public university was unable to identify a qualified minority applicant who was willing to interview for the position. It is an affirmative defense to a claim of a violation of this paragraph that the public university, in good faith, was unable to identify a qualified minority applicant who was willing to interview for the position. [Formerly 352.380]

Note: The amendments to 352.218 (Affirmative action plan) (formerly 352.380) by section 3, chapter 780, Oregon Laws 2009, become operative January 2, 2020. See section 4, chapter 780, Oregon Laws 2009. The text that is operative on and after January 2, 2020, including amendments by section 248, chapter 637, Oregon Laws 2011, is set forth for the user’s convenience.

352.218 (Affirmative action plan). Each public university listed in ORS 352.002 (Public universities) shall consider and maintain affirmative action plans and goals when reductions in faculty and staff are required as a result of:

(1) Reductions in revenue that necessitate discontinuance of its educational program at its anticipated level;

(2) Elimination of classes due to decreased student enrollment; or

(3) Reduction in courses due to administrative decisions.

Note: Sections 1 and 2, chapter 369, Oregon Laws 2015, provide:

Sec. 1. (1) The Higher Education Coordinating Commission shall work with one representative from a public university listed in ORS 352.002 (Public universities) that participates in the National Collegiate Athletic Association Division I sports league and one representative from a public university listed in ORS 352.002 (Public universities) that participates in a sports league other than the National Collegiate Athletic Association Division I to conduct an evaluation on the best method for providing oversight to ensure that public universities listed in ORS 352.002 (Public universities) comply with their obligation under ORS 352.380 to interview at least one minority applicant when hiring a head coach or athletic director.

(2) The commission shall conduct an evaluation on:

(a) Whether there are disparities in the hiring of female head coaches or female athletic directors in the State of Oregon; and

(b) The most effective method of correcting any disparities found to exist under paragraph (a) of this subsection.

(3) The commission shall report the results of the evaluations conducted under subsections (1) and (2) of this section to the committees related to higher education during the 2016 session of the Legislative Assembly. The report shall be made in the manner provided by ORS 192.245 (Form of report to legislature). [2015 c.369 §1]

Sec. 2. Section 1 of this 2015 Act is repealed on July 1, 2016. [2015 c.369 §2]


1 Legislative Counsel Committee, CHAPTER 352—Public Universities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors352.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.