OUS Fiscal Policy Manual
General Operations
| Section: General Operations | Number: 56.200 |
| Title: Distribution of Moneys Appropriated for Clinical Legal Education Programs through Provisions of Oregon Laws 2007, Chapter 666, §1(4) and §(3) |
Index
POLICY
- .100 POLICY STATEMENT
- .110 POLICY RATIONALE
- .120 AUTHORITY
- .130 APPROVAL AND EFFECTIVE DATE OF POLICY
- .140 KNOWLEDGE OF THIS POLICY
- .200 ELIGIBILITY
- .210 DISTRIBUTION OF FUNDS
- .220 STATISTICAL REPORTS
- .230 ELIGIBILITY, REPORTING AND DISTRIBUTION OF FUNDS DURING FISCAL YEAR OF ENACTMENT
- .690 CONTACT INFORMATION
- .695 HISTORY
APPENDIX
- None
POLICY
This policy provides the framework for implementing provisions of Oregon Laws 2007, Chapter 666, §1(4) and §(3).
OUS seeks to ensure that the policies and procedures related to the carrying out of provisions of Oregon Laws 2007, Chapter 666, §1(4) and §(3) are documented, communicated, clearly understood, and consistently applied.
.130 APPROVAL AND EFFECTIVE DATE OF POLICY
Approved by the Associate Vice Chancellor for Finance & Administration/Controller on 03/20/08. This policy is effective immediately.
All higher education institutions within the State of Oregon with law schools should be knowledgeable of this policy.
The law requires that any funds be used only for “purposes of funding clinical legal education programs at accredited institutions of higher education that provide civil legal services to victims of domestic violence, stalking, or sexual assault. The department may provide funding to a program from the account only if the program operates in conjunction with at least one nonprofit service provider to victims of domestic violence, stalking or sexual assault, and as part of the program the provider performs victim counseling services and student training.”
Therefore, for the initial determination of eligibility, any applicant for funds must provide all of the following documentation to the Vice Chancellor for Finance and Administration, Oregon University System by March 31:
- Proof that the applicant is an accredited institution of higher education (e.g., letter of accreditation); and
- proof that the applicant has a clinical legal education program that provides civil legal services (e.g., course catalog describing clinical legal education program from which their numbers come); and
- proof that the clinical legal education program represents clients of domestic violence, stalking, or sexual assault (e.g., foundational documents documenting the clinic’s purpose); and
- proof that the applicant’s clinic operates in conjunction with at least one nonprofit service provider that provides advocacy services such as counseling, safety planning and/or shelter to victims of domestic violence, stalking or sexual assault (e.g., letter from such provider indicating collaborative arrangement and providing documentation of non-profit status); and
- proof that, as part of the applicant’s program, the non-profit service provider performs victim counseling services and student training (e.g., letter from such provider that the provider as part of the clinical legal education program provides counseling services [i.e., advocacy services] and student training).
Once a program is determined to meet the eligibility requirements, an applicant need not re-submit the information above, but must annually certify that they continue to meet the eligibility requirements.
The legislation indicates that “The department shall distribute moneys from the account to programs in amounts that are proportional to the number of victims of domestic violence, stalking or sexual assault served by the program in the preceding year as compared to the number of victims of domestic violence, stalking or sexual assault served by all programs in the preceding year.”
In determining numbers for the purpose of this formula, the following requirements must be met in order to count a victim for purposes of the formula.
- The client was being provided with legal representation for an issue related to his or her status as a victim of domestic violence, stalking, or sexual assault and his or her safety. Consequently, there should be documentation that the client is seeking legal representation as a current or anticipated victim of domestic violence, sexual assault, or stalking. The sorts of services that should be covered include, but are not limited to restraining orders, custody, divorce, immigration, crime victim’s compensation, etc.
- The client must have been served during the time when the program operated in conjunction with at least one nonprofit service provider to victims of domestic violence, stalking or sexual assault, and as part of the program the provider performs victim counseling services and student training.
All funds received by the Department pursuant to this policy will be distributed quarterly in September, December, March and June of each fiscal year (July 1 to June 30) based on the distribution percentage established each Spring. The distribution percentage will be calculated based on the number of victims served by each eligible program in proportion to the total victims served by all eligible programs.
A report including the following information for the previous calendar year must be submitted to the Chancellor’s Office by March 31 of each year (Assistant Vice Chancellor for Budget Operations, Oregon University System, P.O. Box 488, Corvallis, OR 97339-0488):
- For the period January 1 through December 31 of the preceding year, the total number of clients meeting the requirements set forth in sections “1 and 2,” above, under Distribution of Funds, and for whom all the following statistical information is provided.
- Nature of legal issue involved (e.g., protective order, divorce, custody, benefits, etc.)
- The outcome of the legal issue
- Categorization of victim service: sexual assault, domestic violence, stalking
- Gender of victim
- Relationship of client to offender
- Current or former spouse or intimate partner
- Other family or household member
- Dating relationship
- Acquaintance
- Stranger
- Relationship unknown
- Other
- Advocacy services provided? Y or N
.230 ELIGIBILITY, REPORTING AND DISTRIBUTION OF FUNDS DURING FISCAL YEAR OF ENACTMENT
The law in question was enacted as of January 1, 2008. In order to facilitate the implementation of this new law, the above provisions are modified as follows:
Deadline for Application for Eligibility – Extended until April 30, 2008
Deadline for Required Statistical Reports – Extended until April 30, 2008
Distribution of Funds – The initial distribution of funds received prior to June 30, 2008, will be based on the distribution formula derived from the statistical reports received from programs that are determined to meet the eligibility requirements by April 30, 2008. This will be the distribution formula that will be in effect for the following fiscal year.
Direct questions about this policy to the following offices:
| Subject | Contact |
| General questions from institutional personnel | Institution Business Office |
| General questions from institutional central administration and Chancellor's Office personnel | Assistant Vice Chancellor for |
03/20/08 - Approved
Policy Last Updated: 03/20/08
APPENDIX
None
