Oregon Code § 352.226·Enacted ·Last updated March 01, 2026
Statute Text
Personnel records; standards; exemptions.
(1) A governing board as defined in ORS 352.029 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 members 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
members 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)(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 members
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 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 members
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 members 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 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 f