Law / United States / 
Oregon
Oregon limits on personal information in sexual misconduct climate surveys and in waiver requests at institutions of higher education
In force since .
A sensitive categories rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition, Governance
- Audit expectation
- none
What it requires
- Do not include in the campus-specific questions added to the sexual misconduct climate survey any question that requires the disclosure of any personally identifiable information (ORS 350.338(2)(a)(B)(i)).
- Maintain confidentiality of all materials that contain personally identifiable information for individuals who have requested a waiver under ORS 350.344, unless disclosure is required specifically for the purpose of making required accommodations or is otherwise required by a court of law (ORS 350.344(4)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
ORS 350.338 and 350.344 bar an institution of higher education from asking campus-specific climate survey questions that require personally identifiable information and require it to keep waiver requesters' personally identifiable information confidential. They name no log, no record the institution keeps, no audit and no reader of a record.
- Kind
- None
- As of
What this law does
ORS 350.338 requires each institution of higher education to conduct a sexual misconduct climate survey of all enrolled students at least once every two years. Campus-specific questions that an institution adds to the survey may not require the disclosure of any personally identifiable information.
ORS 350.344 requires an institution of higher education to waive grade point average and disciplinary record requirements of an institution-sponsored program or activity for a participant who experienced sexual misconduct while enrolled and who has received a waiver.
The institution must maintain confidentiality of all materials containing personally identifiable information for individuals who requested a waiver, unless disclosure is required specifically for making required accommodations or by a court of law. For these sections, an institution of higher education is a public university listed in ORS 352.002, Oregon Health and Science University, a community college or an Oregon-based private university or college.
Chapter 550, Oregon Laws 2023 (House Bill 3456), took effect on . Sections 1 to 12 of chapter 550, Oregon Laws 2023, first apply to the 2023-2024 academic year.
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