OAR 943-045-0340
Prohibition Against Retaliation
(1)
A community facility, community program, or individual shall not retaliate against any individual who reports suspected abuse or mistreatment in good faith, including the adult.(2)
Any community facility, community program, or individual that retaliates against any individual because of a report of suspected abuse or mistreatment shall be liable, according to ORS 430.755 (Retaliation prohibited), in a private action to that individual for actual damages and, in addition, a civil penalty up to $1,000, notwithstanding any other remedy provided by law.(3)
Any adverse action creates a presumption of retaliation if taken within 90 days of a report of abuse or mistreatment. For purposes of this sub-section, “adverse action” means any action taken by a community facility, community program, or individual involved in a report against the individual making the report or against the adult because of the report and includes but is not limited to:(a)
Discharge or transfer from the community facility, except for clinical reasons;(b)
Termination of employment;(c)
Demotion or reduction in remuneration for services; or(d)
Restriction or prohibition of access to the community facility or its residents.(4)
Adverse action may also be evidence of retaliation after 90 days even though the presumption no longer applies.
Source:
Rule 943-045-0340 — Prohibition Against Retaliation, https://secure.sos.state.or.us/oard/view.action?ruleNumber=943-045-0340.