(2) Written policies adopted under this section must include:
(a) The adoption of the definition of sexual harassment "Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal or physical conduct of a sexual nature where such conduct is sufficiently severe or pervasive that it has the effect, intended or unintended, of unreasonably interfering with an individual’s work or academic performance or it has created an intimidating, hostile or offensive environment and would have such an effect on a reasonable person."
(b) Procedures to address sexual harassment.
(c) Provisions clarifying that the institution of higher education is required to conduct an initial inquiry, or to make contact with named parties, whenever a designated responsible employee has actual knowledge, or in the exercise of reasonable care should know, that possible sexual harassment, sexual assault, domestic violence, dating violence or stalking has occurred.
(d) A jurisdictional statement explaining that the institution will analyze and may have an obligation to respond to any complaint received by the institution, regardless of whether the incident occurred on the campus of the institution or elsewhere, that relates to:
(A) Sexual harassment;
(B) Sexual assault;
(C) Domestic violence;
(D) Dating violence; or
(E) Stalking.
(3) Written policies adopted under subsection (2) of this section must:
(a) Be written in plain language;
(b) Use print that is of a color, size and font that allow the notification to be easily read; and
(c) Be made available to students:
(A) When sexual harassment, sexual assault, domestic violence, dating violence or stalking is reported;
(B) During student orientation; and
(C) On the Internet website of the institution of higher education.
(4) In addition to the written policies adopted under subsection (2) of this section, each institution of higher education shall require that all Title IX coordinators, hearing officers, process advisors, institution investigators, third-party contracted investigators, campus security officers and any other individual who works at the institution who may be required to assist in conducting an investigation that is subject to Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681 to 1688, as amended, participate in annual training. The training required by this subsection must include:
(a) The relevant definitions and dynamics of sexual harassment, sexual assault, domestic violence, dating violence and stalking;
(b) The prevalence of sexual harassment, sexual assault, domestic violence, dating violence and stalking both overall and, to the extent relevant data exists, within the educational and employment contexts;
(c) Trauma-informed best practices for how to serve reporting and responding students, including utilizing trauma-informed principles of support or student-centered frameworks;
(d) Best practices for addressing bias and increasing accessibility for students through the use of an anti-oppression framework; and
(e) For investigators, how to conduct effective interviews, including best practices for interviewing sexual assault survivors.
(5) In addition to containing the material described in subsection (4) of this section, training plans and materials required by this section shall:
(a) Include principles related to providing trauma-informed and culturally responsive processes, procedures and victim services;
(b) Be gender-responsive, but not reliant on gender stereotypes; and
(c) Recognize and account for the unique needs of individuals who identify as lesbian, gay, bisexual, transgender, gender nonconforming or gender nonbinary.
(6) As used in this section:
(a) "Anti-oppression," "culturally responsive," "gender-responsive" and "trauma-informed" shall be defined by each institution of higher education in consultation with the recognized student government of the institution.
(b) "Institution of higher education" means:
(A) A public university listed in ORS 352.002;
(B) Oregon Health and Science University;
(C) A community college operated under ORS chapter 341; or
(D) An Oregon-based private university or college. [2019 c.451 §1]
Structure 2021 Oregon Revised Statutes
Volume : 09 - Education and Culture
Chapter 350 - Statewide Coordination of Higher Education
Section 350.001 - Legislative findings.
Section 350.005 - Additional findings.
Section 350.009 - Fundamental goals of public higher education.
Section 350.014 - Mission of education beyond high school.
Section 350.050 - Higher Education Coordinating Commission; members; confirmation.
Section 350.060 - Officers; quorum; official action; meetings.
Section 350.065 - Executive director; subordinate officers and employees.
Section 350.070 - Advisory and technical committees.
Section 350.075 - Powers, duties and functions; rules.
Section 350.085 - Mission statements and academic programs of public universities.
Section 350.090 - Biennial funding request; rules.
Section 350.100 - Implementation of diverse educator recruitment plans.
Section 350.115 - Regional services institutes; general program; location.
Section 350.120 - Program purpose and function.
Section 350.125 - Report on competency-based education.
Section 350.150 - Office to function under Higher Education Coordinating Commission; rules.
Section 350.155 - Office of Community Colleges and Workforce Development Account.
Section 350.160 - Director of the Office of Community Colleges and Workforce Development.
Section 350.170 - Advanced technology education and training grants and loans; rules.
Section 350.175 - Certificates for passing approved high school equivalency tests; rules; fees.
Section 350.205 - Display of mandatory enrollment fees; content and method of display; report.
Section 350.250 - Students unable because of religious beliefs to attend classes on certain days.
Section 350.255 - Written sexual assault protocol; content.
Section 350.259 - Written policy on hazing; report.
Section 350.260 - Student journalists; student expression; civil action.
Section 350.262 - Benefits navigator; duties; process for feedback and recommendations.
Section 350.265 - Armed Forces recruitment on campuses; standards.
Section 350.272 - Prohibited actions related to access to personal social media accounts.
Section 350.274 - Cause of action for violation of ORS 350.272.
Section 350.276 - Definitions for ORS 350.278 and 350.280.
Section 350.278 - Disclosure of Social Security number of student attending public university.
Section 350.280 - Disclosure of Social Security number of community college student.
Section 350.282 - Action for disclosure of Social Security number.
Section 350.292 - Resident tuition and fees for Native American or Alaska Native students; rules.
Section 350.295 - Annual report on reduced tuition rate and tuition waiver recipients.
Section 350.300 - Waiver of tuition and fees for foster child.
Section 350.350 - "Public institution of higher education" defined for ORS 350.355 and 350.360.
Section 350.355 - Health care benefits for part-time faculty; rules.
Section 350.370 - Requirements for classification as post-doctoral scholar position.
Section 350.375 - Cultural competency requirements at public universities and community colleges.
Section 350.400 - Establishment of foundational curricula; requirements.
Section 350.404 - Unified statewide transfer agreements; requirements.
Section 350.420 - Accelerated college credit programs; publicly available information; rules.
Section 350.423 - Adoption of common course numbering system; transfer of academic credit; rules.
Section 350.426 - Transfer Council; composition; duties.
Section 350.429 - Transfer Council responsibilities; reports; rules.
Section 350.432 - Developmental educational requirements; placement test requirements; rules.
Section 350.500 - Forestry Education Council; members; term of office.
Section 350.510 - Administration of Forestry Education Council.
Section 350.525 - No obligation to fund subaccount.
Section 350.540 - Venture grant program; applicant requirements.
Section 350.545 - University venture development funds; use; fee.
Section 350.550 - Purposes of funds; disbursement; assessment; report.
Section 350.600 - Legislative findings.
Section 350.620 - State policies to enhance and encourage independent higher education.
Section 350.630 - Legislative findings.
Section 350.635 - Definitions for ORS 350.630 to 350.655.
Section 350.665 - Definitions for ORS 350.665 to 350.695.
Section 350.675 - Powers of municipality.
Section 350.680 - Revenue bonds; issuance; trust funds; pledge; terms; legal effect.
Section 350.750 - Nonresident tuition in post-secondary educational institutions.
Section 350.755 - Interstate agreements.
Section 350.775 - Compact provisions.
Section 350.785 - Commission members; appointment and removal.
Section 350.795 - Contracts to furnish out-of-state educational service to Oregon students.
Section 350.800 - Selection of Oregon residents to receive out-of-state educational service.