Or. Admin. Code § 416-435-0020

Current through Register Vol. 63, No. 12, December 1, 2024

Section 416-435-0020 - Definitions

(1) Discrimination: Any act, policy or practice that penalizes or disadvantages YICs or subjects them to harassment based on actual or perceived race, ethnicity, religious belief, national origin, sex, physical or mental disability, sexual orientation, gender identity, gender expression, or intersex status.

(2) Exigent circumstances: Any set of temporary or unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility, community program, or the community.

(3) Gender: The socially constructed roles, behaviors, activities, and attributes that a given society typically or historically assigns to men and women.

(4) Gender diverse: A person's physical appearance and characteristics or behaviors that are different than those stereotypically associated with the person's assigned sex at birth or traditional societal gender expectations.

(5) Gender expression: The manner in which a person expresses gender through clothing, appearance, behavior, speech, etc. Gender expression is distinct from sexual orientation and gender identity.

(6) Gender fluid: An adjective used to describe a person whose gender identity is not fixed; of or relating to a person having or expressing a fluid or unfixed gender identity.

(7) Gender identity: Refers to a person's internal, deeply felt sense of being male, female, or non-binary; distinct from sexual orientation.

(8) Intersex: A person whose sexual or reproductive anatomy, chromosomal pattern, or hormonal presentation does not seem to fit typical definitions of male or female.

(9) OYA Sexual Orientation, Gender Identity and Expression Committee (SOGIEC): A multidisciplinary group that reviews and determines appropriate community placement, housing assignment, care, and management of YICs who identify as transgender, gender diverse, gender fluid or intersex. The committee includes at least one person with knowledge of gender issues facing transgender and intersex YICs.

(10) Transgender: A person whose gender identity is different from the person's assigned sex at birth.

(11) Youth correction facility: A facility used for the confinement of YICs and includes secure regional youth facilities, regional accountability camps, residential academies and satellites, camps, and branches of those facilities.

(12) Youth in custody (YIC): A person in the legal and physical custody of OYA either in a youth correction facility or placed in the community under supervision; and a person in the legal custody of the Department of Corrections and the physical custody of OYA in a youth correction facility.

Or. Admin. Code § 416-435-0020

OYA 8-2017, adopt filed 12/22/2017, effective12/22/2017; OYA 8-2018, minor correction filed 06/19/2018, effective 6/19/2018; OYA 8-2018, minor correction filed 06/19/2018, effective 06/19/2018; OYA 11-2018, minor correction filed 07/03/2018, effective 7/3/2018; OYA 2-2022, amend filed 01/03/2022, effective 1/3/2022

Statutory/Other Authority: ORS 420A.025

Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015