ORS 352.226
Personnel records

  • standards
  • exemptions

(1)

A governing board as defined in ORS 352.029 (Definitions for ORS 352.025 to 352.146 and 352.388 to 352.415) may, for the public university under its control, adopt standards and specific orders by or through the president of each public university governing access to personnel records of the public university or office, department or activity that are less than 25 years old.

(2)

Standards adopted under subsection (1) of this section shall require that personnel records be subjected to restrictions on access unless upon a finding by the president of the public university that the public interest in maintaining individual rights to privacy in an adequate educational environment would not suffer by disclosure of such records. Access to such records may be limited to designated classes of information or persons, or to stated times and conditions, or to both, but cannot be limited for records more than 25 years old.

(3)

A standard or order promulgated pursuant to this section may not deny to a faculty member full access to the member’s personnel file or records kept by the public university, except as provided in subsections (7) and (8) of this section.

(4)

The number of files relating to the evaluation of a faculty member is limited to three, to be kept in designated, available locations.

(5)

Any evaluation received by telephone must be documented in each of the faculty member’s files by means of a written summary of the conversation with the names of the conversants identified.

(6)

A faculty member is entitled to submit, for placement in the three files, evidence rebutting, correcting, amplifying or explaining any document contained therein and other material that the member believes might be of assistance in the evaluation process.

(7)

Letters and other information submitted in confidence to the State Board of Higher Education or its public universities, offices, departments or activities prior to July 1, 1975, shall be maintained in the files designated by the governing board of the public university currently employing the faculty member. However, if a faculty member requests access to those files, the anonymity of the contributor of letters and other information obtained prior to July 1, 1975, shall be protected. The full text shall be made available except that portions of the text that would serve to identify the contributor shall be excised by a faculty committee. Only the names of the contributors and the excised portions of the documents may be kept in a file other than the three prescribed by subsection (4) of this section.

(8)

Intentionally left blank —Ed.

(a)

Confidential letters and other information submitted to or solicited after July 1, 1975, by the State Board of Higher Education or its public universities, offices, departments or activities prior to the employment of a prospective faculty member are exempt from the provisions of this section. However, if the member is currently employed by a public university or its offices, departments or activities, the confidential preemployment materials shall be placed in the three authorized files. If a faculty member requests access to the member’s files, the anonymity of the contributor of confidential preemployment letters and other preemployment information shall be protected. The full text shall be made available, except that portions of the text that would serve to identify the contributor shall be excised and retained in a file other than the three designated in subsection (4) of this section.

(b)

Confidential letters and other information submitted to or solicited by a public university listed in ORS 352.002 (Public universities) after the date that the university obtained a governing board, and prior to the employment of a prospective faculty member are exempt from the provisions of this section. However, if the member is employed by the university, the confidential preemployment materials shall be placed in the three authorized files. If a faculty member requests access to the member’s files, the anonymity of the contributor of confidential preemployment letters and other preemployment information shall be protected. The full text shall be made available, except that portions of the text that would serve to identify the contributor shall be excised and retained in a file other than the three designated in subsection (4) of this section.

(9)

Classroom survey evaluation by students of a faculty member’s classroom or laboratory performance shall be anonymous. The record of tabulated reports shall be placed in at least one of the files designated in subsection (4) of this section. All survey instruments used to obtain evaluation data shall be returned to the faculty member.

(10)

A public university listed in ORS 352.002 (Public universities) and, after July 1, 1975, but before the date on which the public university obtained a governing board, the State Board of Higher Education and its public universities, offices, departments or activities, when evaluating its employed faculty members, may not solicit or accept letters, documents or other materials, given orally or in written form, from individuals or groups who wish their identity kept anonymous or the information they provide kept confidential.

(11)

A standard or order promulgated pursuant to this section does not limit the authority of a public university to prepare, without identification of individual persons who have not consented thereto, statistical or demographic reports from personnel records.

(12)

Any category of personnel records specifically designated as confidential pursuant to valid standards or orders pursuant to this section is not a public record for the purposes of ORS 192.314 (Right to inspect public records).

(13)

As used in this section, “personnel records” means records containing information kept by the public university, office, department or activity concerning a faculty member and furnished by the faculty member or by others about the faculty member at the request of the faculty member or the public university, office, department or activity, including, but not limited to, information concerning discipline, membership activity, employment performance or other personal records of individual persons. [Formerly 351.065; 2017 c.440 §26]

Source: Section 352.226 — Personnel records; standards; exemptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors352.­html.

Notes of Decisions

University professor did not have property interest under federal law in continued employment, so where Oregon State University did not follow appropriate regulations under this section, regarding confidential files, before terminating him pre-termination hearing was not required. Davis v. Oregon State University, 591 F2d 493 (1978)

Attorney General Opinions

Permissible evaluations of faculty members, (1976) Vol 37, p 1055; required records with respect to faculty personnel evaluation, (1978) Vol 38, p 1950

352.002
Public universities
352.011
Establishment of certain public universities as comprehensive universities
352.013
Designation of Eastern Oregon University as Oregon’s Rural University
352.014
Designation of Oregon Institute of Technology as Oregon’s Polytechnic University
352.018
Cooperation with Higher Education Coordinating Commission
352.025
Legislative findings
352.027
Legislative intent
352.029
Definitions for ORS 352.025 to 352.146 and 352.388 to 352.415
352.033
Status of public universities
352.039
Goals and mission of public universities
352.054
Names of governing boards of public universities
352.061
Annual evaluations of public universities
352.069
Biennial report of public universities
352.076
Formation and maintenance of a governing board for public universities
352.084
Term of office for members of a governing board
352.087
Powers and duties of governing board and public universities
352.089
Mission statements
352.096
Appointment and removal of university president
352.102
Tuition and mandatory enrollment fees
352.103
Advisory body for tuition and mandatory enrollment fees
352.105
Mandatory incidental fees
352.113
Real and personal property held by public universities
352.118
Establishment of police department
352.121
University police departments and officers
352.124
Collective bargaining
352.129
Shared services
352.132
Use of outside counsel
352.135
Use and investment of moneys
352.138
Applicability of laws to public universities
352.141
Jurisdiction over streets on property owned by or used for public universities
352.146
Faculty
352.152
Authority to sell forest products on public university lands
352.157
Construction and acquisition of buildings and structures
352.163
Rates, charges and fees for use of buildings, structures and projects
352.171
Insurance for buildings, structures and projects
352.189
Political or sectarian tests prohibited in appointment of faculty or employees
352.198
Authority of public universities to require fingerprints
352.208
Interchange of faculty members with universities outside Oregon
352.218
Affirmative action plan
352.226
Personnel records
352.232
Sources of compensation for officers and employees
352.237
Provision of group insurance for employees
352.244
Overpayment of salary or compensation
352.256
Alcohol and drug abuse policy and implementation plan
352.262
Standards for minimum content of alcohol and drug abuse policy and plan
352.268
Physical access committees
352.274
Sexual orientation and gender identity identification on university forms
352.281
Use of name other than legal first name
352.287
Resident tuition and fees and eligibility for financial aid for various persons
352.293
Rights of student ordered to active duty
352.296
Credit for room, board, tuition and fees for student ordered to active duty
352.303
Waiver of tuition for Oregon residents at least 65
352.306
Honorary degrees for persons ordered to internment camp
352.309
Credit for education and training received while in Armed Forces
352.313
Status of members of Armed Forces and certain federal agencies
352.319
Contract for disbursement of funds to students
352.365
Definition for ORS 352.365 to 352.379
352.372
Findings and policy for ORS 352.365 to 352.379
352.379
Short title
352.388
Definitions for ORS 352.388 to 352.415
352.402
Eligibility of public universities to receive proceeds from state bonds
352.408
Issuance of bonds by public universities
352.415
Repayment of outstanding state bonds and other obligations by public university
352.428
Sale to State of Oregon or United States Government
352.435
Repealed statutes continued effective until bonds redeemed
352.442
Federal aid
352.450
Public University Fund
352.605
University of Oregon School of Law
352.612
Oregon State Museum of Anthropology
352.618
Center for Brain, Biology and Machine
352.624
Condon Collection at University of Oregon Museum of Natural and Cultural History
352.668
Receipt and disposition of funds received for programs
352.678
Mark O. Hatfield School of Government
352.685
Oregon Criminal Justice Scientific Advisory Committee
352.691
Center for Lakes and Reservoirs
352.697
Graduate School of Social Work
352.703
Institute of Portland Metropolitan Studies
352.745
Oregon Renewable Energy Center
352.752
Oregon Center for Health Professions
352.801
Oregon State University designated as agricultural college of the state
352.808
Institute for Natural Resources
352.816
Oregon Climate Service
352.823
Oregon Climate Change Research Institute
352.829
Oceangoing Research Vessel Program
352.835
J.T. Apperson Agricultural College Educational Fund
352.842
Execution of instruments
Green check means up to date. Up to date