ORS 350.274
Cause of action for violation of ORS 350.272

(1)

Any person claiming to be aggrieved by a violation of ORS 350.272 (Prohibited actions related to access to personal social media accounts) may file a civil action in circuit court for equitable relief or, subject to the terms and conditions of ORS 30.265 (Scope of liability of public body, officers, employees and agents) to 30.300 (ORS 30.260 to 30.300 exclusive), damages, or both. The court may order such other relief as may be appropriate. Damages shall be $200 or actual damages, whichever is greater.

(2)

The action authorized by this section shall be filed within one year of the filing of a grievance.

(3)

An action under this section may not be filed unless, within 180 days of the alleged violation, a grievance has been filed with the governing body of the educational institution against which the violation is alleged.

(4)

An action under this section may not be filed until 90 days after filing a grievance unless only injunctive relief is sought pursuant to ORCP 79. The right to temporary or preliminary injunctive relief shall be independent of the right to pursue any administrative remedy available to complainants.

(5)

An action under this section may not be filed if the governing body of the educational institution has obtained a conciliation agreement with the person filing the grievance or if a final determination of the grievance has been made except as provided in ORS 183.480 (Judicial review of agency orders).

(6)

Notwithstanding the filing of a grievance pursuant to subsection (3) of this section, a person seeking to maintain an action under this section against a public educational institution shall also file a notice of claim within 180 days of the alleged violation in the manner provided by ORS 30.275 (Notice of claim).

(7)

The court shall award reasonable attorney fees to a prevailing plaintiff in any action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court. [Formerly 326.554]

Source: Section 350.274 — Cause of action for violation of ORS 350.272, https://www.­oregonlegislature.­gov/bills_laws/ors/ors350.­html.

350.001
Legislative findings 350.005
Additional findings 350.009
Fundamental goals of public higher education 350.014
Mission of education beyond high school 350.018
Educational attainment goals for adult Oregonians not currently enrolled in academic programs 350.050
Higher Education Coordinating Commission 350.055
Qualifications of members 350.060
Officers 350.065
Executive director 350.070
Advisory and technical committees 350.075
Powers, duties and functions 350.080
Ability of Higher Education Coordinating Commission to accept and deposit moneys or property and to apply for funds 350.085
Mission statements and academic programs of public universities 350.090
Biennial funding request 350.095
Budgetary items in funding request 350.100
Implementation of diverse educator recruitment plans 350.105
Report on capital construction projects 350.110
Coordination between Higher Education Coordinating Commission, public universities, community college districts and independent for-profit and not-for-profit institutions of higher education 350.115
Regional services institutes 350.120
Program purpose and function 350.125
Report on competency-based education 350.130
Enrollment and graduation rate of Oregon high school students at post-secondary institutions of education 350.150
Office to function under Higher Education Coordinating Commission 350.155
Office of Community Colleges and Workforce Development Account 350.160
Director of the Office of Community Colleges and Workforce Development 350.165
Advanced Technology Education and Training Fund 350.170
Advanced technology education and training grants and loans 350.175
Certificates for passing approved high school equivalency tests 350.200
Prohibition on requiring prospective students to disclose prior criminal convictions when applying 350.203
Parental identification on institution forms 350.205
Display of mandatory enrollment fees 350.208
Display of estimated cost of required course materials and course fees 350.240
Eligibility of various students to receive financial aid from Higher Education Coordinating Commission 350.245
Ballot drop sites and voter registration procedures at schools of higher education 350.250
Students unable because of religious beliefs to attend classes on certain days 350.253
Written policies on sexual harassment, sexual assault, domestic violence, dating violence and stalking 350.255
Written sexual assault protocol 350.257
Limitations on investigations involving sexual assault, domestic violence or stalking 350.259
Written policy on hazing 350.260
Student journalists 350.262
Benefits navigator 350.265
Armed Forces recruitment on campuses 350.270
Priority enrollment system for active or former member of Armed Forces or qualified dependent of former member 350.272
Prohibited actions related to access to personal social media accounts 350.274
Cause of action for violation of ORS 350.272 350.276
Definitions for ORS 350.278 and 350.280 350.278
Disclosure of Social Security number of student attending public university 350.280
Disclosure of Social Security number of community college student 350.282
Action for disclosure of Social Security number 350.285
Waiver of tuition for family members of deceased or disabled veterans or children of Purple Heart recipients 350.287
Continuing resident tuition and fees for spouses or dependent children of active members of Armed Forces 350.290
Resident tuition and fees for nonresident students who served, or who are dependents of someone who served, in Armed Forces or international position 350.292
Resident tuition and fees for Native American or Alaska Native students 350.295
Annual report on reduced tuition rate and tuition waiver recipients 350.300
Waiver of tuition and fees for foster child 350.305
Number and graduation rate of current and former foster children enrolled at community colleges and public universities 350.350
“Public institution of higher education” defined for ORS 350.355 and 350.360 350.355
Health care benefits for part-time faculty 350.357
Part-Time Faculty Insurance Fund 350.360
Review of employees at public institutions of higher education 350.370
Requirements for classification as post-doctoral scholar position 350.375
Cultural competency requirements at public universities and community colleges 350.379
Use of apprentices, minority individuals and women in qualified contracts 350.395
Transfer Student Bill of Rights and Responsibilities 350.400
Establishment of foundational curricula 350.404
Unified statewide transfer agreements 350.408
Community college obligations when informed that enrolled student intends to pursue bachelor’s degree 350.412
Role of Higher Education Coordinating Commission in facilitating foundational curricula and unified statewide transfer agreements 350.417
Academic credit for advanced placement (AP) exam or International Baccalaureate (IB) program 350.420
Accelerated college credit programs 350.423
Adoption of common course numbering system 350.426
Transfer Council 350.429
Transfer Council responsibilities 350.432
Developmental educational requirements 350.500
Forestry Education Council 350.505
Qualifications of members of Forestry Education Council 350.510
Administration of Forestry Education Council 350.515
Criteria and measurements for investments in professional forestry education 350.520
Public University Fund subaccount for professional forestry education 350.525
No obligation to fund subaccount 350.530
Review of allocations by President of Oregon State University 350.540
Venture grant program 350.545
University venture development funds 350.550
Purposes of funds 350.600
Legislative findings 350.605
Public purpose to encourage and increase opportunities in independent higher education 350.610
Policies and practices of state agencies and Higher Education Coordinating Commission 350.615
State financial aid for students 350.620
State policies to enhance and encourage independent higher education 350.630
Legislative findings 350.635
Definitions for ORS 350.630 to 350.655 350.640
Contracts with independent institutions for nonsectarian and nonreligious educational services 350.645
Computation of payments under contracts 350.650
Rules 350.655
Severability 350.665
Definitions for ORS 350.665 to 350.695 350.670
Finance of education facilities by municipalities 350.675
Powers of municipality 350.680
Revenue bonds 350.685
Revenue bonds secured by education facility revenues 350.690
Municipalities acting jointly 350.695
Investment of revenues 350.750
Nonresident tuition in post-secondary educational institutions 350.755
Interstate agreements 350.770
Western Regional Higher Education Compact ratified 350.775
Compact provisions 350.780
Effective time of compact 350.785
Commission members 350.790
Authority to take action to achieve ends of compact 350.795
Contracts to furnish out-of-state educational service to Oregon students 350.800
Selection of Oregon residents to receive out-of-state educational service 350.805
Contracts to furnish educational service in Oregon public universities to out-of-state students 350.810
Effect of registering to vote on student eligibility to participate in Western Undergraduate Exchange
Green check means up to date. Up to date

Current through early 2024

§ 350.274’s source at oregon​.gov