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(continued)
Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
s 42018. Waiver of Notice.
Any notice period described in Sections 42015, 42016, or 42019 shall be waived by the president when the reason for the cancellation, vacating, or withdrawal is due to a cause beyond the control of the licensee and the specified notice could not otherwise have been given. The president shall determine whether such cause exists, and his or her determination shall be final.
Note: Authority cited: Sections 66000, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
s 42019. Cancellation, Vacating, or Revocation -Obligation of the Licensee.
The following table indicates the obligation of the licensee (as specified in Subsection C of this Section 42019) under conditions of cancellation, vacating or revocation.
Amount
of
Obligation
A. Prior to beginning of fee period.
1. Request by licensee to cancel reservation.
a. with 30-day notice ........................................... 1
b. with less than 30-day notice
1) president waives notice ................................... 1
2) president does not waive notice but
does grant request to cancel .............................. 3
3) president does not waive notice and
does not grant request to cancel .......................... 2
2. Revocation of reservation by the president,
all instances ................................................... 1
B. On or after beginning of fee period
1. Request by a licensee to vacate
a. with 30-day notice
1) president approves the request ............................ 3
2) president denies the request .............................. 4
b. with less than 30-day notice
1) president approves the request and
waives notice ............................................. 5
2) president approves the request but full notice ............ 3
3) president denies the request .............................. 4
2. Revocation of license by the president.
a. as a result of disciplinary pursuant to
Sections 41301-41304 of Article 2 of
Subchapter 4 of this Chapter ................................. 4
b. because of administrative necessity. ......................... 5
c. because licensee is no longer a student
(other than pursuant to discipline):
1) academically dismissed..................................... 5
2) all other withdraws:
a) with 30-day notice of withdraw ............................... 3
b) with less than 30-day notice of withdraw
(1) president waives notice .................................. 5
(2) president does not waive notice .......................... 3
d. breach of terms or conditions of the license,
including nonpayment of fees ................................. 4
C. Amount of obligation to the licensee.
1. Licensee has no financial obligation other than the non-refundable service fee.
2. Except as provided in Subsection D of this Section, licensee shall owe the amount due under the full fee period of the license.
3. Except as provided in Subsection D of this Section, licensee shall owe an amount equal to a prorated charge for each day from the beginning of the fee period, through the end of the required notice period, plus any charge authorized by Section 42021 of this Article.
4. Except as provided in Subsection D of this Section, licensee shall owe the amount due under the full fee period of the license, plus any charge authorized by Section 42021.
5. Licensee shall owe an amount equal to a prorated charge for each day from the beginning of the fee period through the last day of occupancy, plus any charge authorized by Section 42021.
D. Mitigation. The president shall minimize the obligation of a licensee by applying a prorated credit for each day during the fee period that the campus has been able to cover its damages. Factors to be considered in determining whether the campus has been able to cover its damages for purposes of this Subsection shall include, but not be limited to: (1) whether the president has been able to re-license the housing facility to someone else prior to the end of the fee period; (2) the amount of the fee at which the housing facility is re-licensed; and (3) the vacancy rate of the residence hall (or other state owned or operated dwelling) within which the housing facility is located.
Note: Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code.
s 42020. Refund Policy.
In instances of cancellation, revocation, or vacating, the licensee shall owe fees as provided in Section 42019 of this Article, regardless of whether the licensee ever assumed actual occupancy and regardless of whether a licensee who has assumed actual occupancy moves out of the facility prior to the designated period of obligation. The campus shall refund all money collected in excess of such obligation as soon as reasonably possible.
Note: Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code.
s 42021. Offset Against Refunds.
Any refunds authorized by this Article shall be offset by the cost of restoring damaged or lost or destroyed property, normal wear and tear excepted, and by the added cost of cleaning a housing facility that has not been left in a reasonably clean condition. Such offset shall be applied first to the security deposit, and should that deposit be insufficient, the offset will be applied to any prepaid license fee. Should both the security deposit and prepaid license fee be insufficient to cover these costs, the licensee shall promptly pay for the difference.
Prior to exercising an offset pursuant to this section the president shall notify the licensee of the basis for the proposed action and afford the licensee an opportunity to question the process.
Note: Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code.
s 42022. Fees Collected in Error.
Notwithstanding any other provision of this Article, a campus shall refund all fees collected in error.
Note: Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code.
s 42023. Collection of Miscellaneous Fees.
The president may collect membership fees on behalf of housing clubs or organizations and may disburse such membership fees to the club or organization, provided that membership in such club or organization is voluntary.
Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
s 42024. Amendment to Regulations.
The terms and conditions under which a licensee occupies assigned housing facilities are subject to change or modification as effected by amendment to these regulations.
Note: Authority cited: Sections 66600, 89030, 89035 and 90012, Education Code. Reference: Section 90000, Education Code.
s 42100. Required Purchase of Meals.
A president may require all licensees to purchase meals at specified campus food service facilities. If a licensee shows good cause, the president may excuse the licensee from purchasing meals at facilities on the campus.
Note: Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code.
s 42102. Payment of Fees.
Payment of meal fees shall be made in the same fashion as payment of the license fee pursuant to Article 5 of this Subchapter.
Note: Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code.
s 42103. Disposition of Fees Collected.
Campus food services may be offered through the Dormitory Revenue Fund or through contract with an appropriate campus auxiliary organization or food servicing enterprise as determined by the Chancellor, in consultation with the president. A campus may collect fees for such services in accordance with Section 42102 of this Article and may place such fees in the Dormitory Revenue Fund or disburse such fees to the appropriate campus auxiliary organization or food service enterprise.
Note: Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Sections 89901 and 90074, Education Code.
s 42200. Driving and Parking Vehicles on Campus Property.
No person shall drive any vehicle, nor shall any person stop, park, or leave standing any vehicle upon the driveways, paths, parking facilities or grounds of any campus, except with the permission of the president of the campus, and then subject to the following limitations and conditions:
(a) The president of the campus shall designate the driveways on the campus under his or her direction which shall be open to public traffic and shall place appropriate signs indicating the time and the conditions under which said driveways may be used.
(b) The president of the campus shall designate, subject to the limitations and conditions in subdivision (c), the areas on the campus set aside for the parking of automobiles by students, by employees of the campus, and by the general public. Appropriate signs indicating the time and the conditions under which the parking of automobiles is permitted in the areas so designated shall be placed at or near such parking areas.
(c)Vehicles displaying a valid campus parking permit and a distinguishing license plate or placard issued by the State of California's Department of Motor Vehicles, or by the appropriate authority of another state, issued for a vehicle registered to a disabled person or a vehicle used primarily to transport a disabledperson, shall be allowed to park for unlimited periods in any of the following areas:
(1) In any area designated by the president pursuant to subdivision (b) including areas reserved for employees of the campus excluding any area for which parking is prohibited for all vehicles or parking is reserved for police, emergency, service, or other such special vehicles.
(2) In any metered parking space without being required to pay a parking meter fee.
Note: Authority cited: Sections 67311.5, 89030, 89031, and 90012, Education Code; and Section 21113, Vehicle Code. Reference: Sections 67311.5, 89030, 89031, 89701, and 90012, Education Code; and Section 21113, Vehicle Code.
s 42201. Campus Parking Fees.
(a) Permission of the president of a campus to stop, park or leave standing a vehicle on property of a campus may be granted to persons who have paid a parking fee or have been granted a parking fee waiver subject to the limits and conditions in subsection (b)(6). The fee and refund of the fee shall be in accordance with schedules approved by the Trustees. Proportionate charges shall be made for lesser periods or occasional use of parking areas. Payment of prescribed parking fees by deposit of coins in mechanical devices provided by the campus shall constitute compliance with this section. Evidence of compliance with this section shall be demonstrated by display in plain view on each vehicle of a valid parking permit or by other means prescribed by the president. The president of the campus shall provide parking fee financial assistance to any student with disabilities who has demonstrated financial need according to the need analysis procedure for campus based financial aid authorized by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. s 1087kk et seq.), and who possesses a distinguishing license plate or placard issued by the State of California's Department of Motor Vehicles or by the appropriate authority of another state, and who requests such assistance. The president shall establish procedures for meeting such need by providing financial aid or by issuing a campus parking fee waiver.
(b) The payment of a fee shall not be required of:
(1) Persons stopping or parking a vehicle when necessary to avoid conflict with other traffic or in compliance with a traffic control signal device or the direction of the Campus Police or a Campus Police Officer in the control of traffic;
(2) Persons, not employed by the campus, visiting the campus for the purpose of transacting state business with the campus;
(3) Persons stopping or parking a vehicle temporarily in areas designated by the campus for the purpose of loading or unloading merchandise or picking up or discharging passengers;
(4) Persons temporarily stopping, parking, or leaving a vehicle where such vehicle is disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle on said property;
(5) Occupants of residence halls constructed under the State College Revenue Bond Act of 1947 to whom parking facilities have been assigned pursuant to Section 42202.
(6) Students with disabilities who possess a distinguishing license plate or placard issued by the State of California's Department of Motor Vehicles or by the appropriate authority of another state, and who have demonstrated financial need for parking fee financial assistance as determined by the campus president according to the need analysis procedure for campus based financial aid authorized by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. s 1087kk et seq.), and have received a campus parking fee waiver.
Note: Authority cited: Sections 89030, 89700, 89701 and 90012, Education Code. Reference: Sections 89701 and 67311.5, Education Code.
s 42202. State College Revenue Bond Parking Facilities.
(a) To the extent available, parking facilities constructed prior to July 1966 under the State College Revenue Bond Act of 1947 are to be assigned to occupants of the residence halls constructed under the act on a first come first served basis.
If any spaces are unassigned to such occupants, they may be made available to students and other persons. All users of such spaces shall pay a parking fee. Such fees shall be in accordance with the schedules of fees approved by the Trustees and shall be in amounts not less than those required by the provisions of any indenture issued or resolution adopted pursuant to that act. Proportionate charges shall be made for lesser periods or occasional use of parking areas.
(b) Payment of prescribed parking rental by deposit of coins in mechanical devices provided by the campus shall constitute compliance with this section. Evidence of compliance with this section shall be demonstrated by display in plain view on each vehicle of a valid parking permit or by other means prescribed by the president.
Note: Authority cited: Sections 66600, 89030, 89035, 89700, 89701 and 90012, Education Code; and Section 21113, Vehicle Code. Reference: Sections 66600 and 89030, Education Code.
s 42203. Headquarters Parking.
As used in Sections 42200 and 42201 of this Article the terms "campus" or "any campus" include the Headquarters of The California State University and the term "president" includes the Chancellor.
Note: Authority cited: Sections 66600, 89030, 89035, 89700, 89701 and 90012, Education Code; and Section 21113 Vehicle Code. Reference: Sections 89700 and 89701, Education Code; and Section 21113, Vehicle Code.
s 42300. Determination of Beneficial Nature of Gift and Acceptance.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89720, Education Code.
s 42301. Notice of Acceptance and Declaration of Benefit.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 89720, Education Code.
s 42350. Definitions.
As used in this Article the following definitions apply:
(a) "Sale," "selling" or "purchasing" mean an activity creating an obligation to transfer property or services for a valuable consideration.
(b) "Commercial solicitation" means any direct and personal communication in the course of a trade or business reasonably intended to result in a sale.
(c) "Solicitation" means to importune, or endeavor to persuade or obtain by asking, but does not include "commercial solicitation."
(d) "Private sale" means occasional selling between persons who are campus students or employees.
(e) "Commercial transaction" means selling or purchasing or both selling and purchasing by any person in the course of employment in, or in the carrying on of, a trade or business.
(f) "Campus president" means those persons referred to in Section 42355 and includes their designees.
Note: Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code.
s 42350.1. Commercial Transactions.
(a) Commercial transactions and the display of property or services for sale on a campus is prohibited except with written permission by the campus president. Such permission shall be granted if
(i) the proposed activity aids achievement of the educational objectives of the campus, does not unreasonably interfere with the operation of the campus and is not prohibited by law, or
(ii) the prospective buyer has agreed in writing in advance to an appointment, and the prospective seller makes no more than one appointment for any day, and such appointment does not interfere with the operation of the campus.
(b) This section shall not apply to private sales.
Note: Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code.
s 42350.5. Solicitation.
(a) Solicitation shall be permitted on a campus subject, however, to a reasonable regulation by the campus president as to time, place and manner thereof. Solicitation in violation of established campus directives regarding time, place and manner is prohibited.
(b) All directives issued by the campus president pursuant to this section shall be available to the public at places designated pursuant to Section 42354.
Note: Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code.
s 42350.6. Commercial Solicitation.
(a) Commercial solicitation on a campus is prohibited unless prior written authorization has been obtained from the campus president. Permission for commercial solicitation shall be granted by the campus president subject, however, to regulation as to time, place and manner thereof, unless such solicitation for sale would be in violation of law.
(b) Sites available to marketers of student credit cards shall be limited and registered with the campus administration. Those marketers shall be prohibited from offering gifts to students for filling out student credit cards applications. As used in this section, "student credit cards" shall have the meaning in Civil Code section 1747.02(m).
(c) All directives issued by the campus president pursuant to this section shall be available to the public at places designated pursuant to Section 42354.
Note: Authority cited: Sections 89030 and 89031, Education Code. Reference: Sections 89031 and 99030, Education Code.
s 42351. Selling of Published Materials.
(a) Except in the case of private sales and commercial transactions to which Section 42350.1 applies, the selling or displaying for sale of any books, newspapers, pamphlets and other published materials shall be permitted on campus provided:
(i) such published materials are not available for sale at the campus bookstore, and
(ii) the selling or display of such published materials is conducted in compliance with any time, place and manner directives adopted by the president, and
(iii) the published materials displayed or offered for sale are not in violation of the provisions of Chapter 7.5, Title 9, Part 1 (commencing with Section 311) of the Penal Code (relating to the sale and distribution of obscene matter), or of Chapter 6, Title 3 (commencing with Section 66400) of the Education Code (relating to the preparation, sale and distribution of term papers, theses and other materials to be submitted for academic credit).
(b) Selling or displaying for sale of published materials in violation of subsection (a) is prohibited.
Note: Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code.
s 42352. Handbills and Circulars.
(a) No person or persons shall, upon any of the grounds of any campus cast, throw, deposit, or distribute any advertising handbills or circulars which contain false, misleading, or illegal advertising.
(b) The distribution of written or printed matter shall be permitted on campus, subject, however, to reasonable directives by the campus president as to the time, place and manner thereof. All directives issued by a campus president pursuant to this section shall be available to the public at places designated pursuant to Section 42354. Distribution of written or printed matter in violation of established campus directives regarding time, place and manner is prohibited.
Note: Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code.
s 42353. Public Meetings, Performances, Rallies and Similar Events.
(a) The president of the campus may permit the use of campus buildings and grounds for public meetings, performances, rallies and similar events held in accordance with reasonable directives issued by the respective campus president as to the time, place and manner thereof. Any such event occurring on campus in violation of established campus directives regarding time, place and manner is prohibited.
(b) All directives issued by a campus president pursuant to this section shall be available to the public at places designated pursuant to Section 42354.
Note: Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code.
s 42353.1. Bicycles, Skateboards, Roller Skates, and Animals.
(a) The president of the campus may permit forms of transportation on the campus in accordance with reasonable directives issued by the campus president. No person shall use forms of transportation upon the campus driveways, pathways, parking facilities or grounds except in accordance with directives issued by the campus president. The campus president may designate the campus areas that shall be open to use of forms of transportation, and shall place appropriate signs indicating the time and the conditions for their use. "Forms of transportation," shall include bicycles, motorized bicycles, scooters, motorized scooters, skateboards, roller skates including inline skates, and other forms of transportation that are not motor vehicles.
(b) No person shall bring an animal onto the grounds or into the buildings of a campus except in accordance with directives issued by the campus president. The president of the campus may permit animals on campus in accordance with reasonable directives issued by the campus president. The president shall consider such factors as the safety of the campus community, cleanliness of the buildings and grounds of the campus, and the needs of the animal's owner as in the case of service animals.
Note: Authority cited: Sections 89030 and 89031, Education Code; and Section 21113, Vehicle Code. Reference: Section 89031, Education Code; and Section 21113, Vehicle Code.
s 42354. Notice.
Notice shall be posted at or near the principal entrances of each campus calling attention to the existence of regulations relating to use of CSU buildings and grounds and designating the places where copies thereof and of directives issued by the campus president pursuant thereto may be examined.
Note: Authority cited: Sections 89030 and 89031, Education Code. Reference: Section 89031, Education Code; and Section 21113, Vehicle Code.
s 42355. Headquarters.
As used in Sections 42350 through 42354 of this Article and where appropriate the terms "campus" or "any campus" include the Headquarters of The California State University and the terms "President" or "President of the campus" include the Chancellor.
Note: Authority cited: Sections 66600, 89030, 89031 and 89035, Education Code. Reference: Section 89031, Education Code.
s 42356. Smoking on Campus.
The president of each campus and the Chancellor for the headquarters office may adopt rules regulating smoking on the campuses and property of the California State University. The regulation shall seek to mitigate exposure to second hand smoke. Notice shall be posted at or near the principal entrances of each campus or property calling attention to the existence of the rules.
Note: Authority cited: Sections 89030 and 89031, Education Code. Reference: Section 89031, Education Code; and Sections 19994.30et seq., Government Code.
s 42375. Care, Restitution, Sale or Destruction of Lost Property.
The Chancellor or his designee may provide for the care, restitution, sale or destruction of unclaimed, lost or abandoned property in the possession of any campus in accordance with California Civil Code Section 2080.9.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 2080.9, Civil Code. Reference: Section 2080.9, Civil Code.
s 42376. Proceeds of Sale.
Money received by reason of a sale pursuant to Section 42375 shall be used for scholarships and loans to students enrolled at the campus at which such sale is held. Criteria of eligibility and procedures for the award of such scholarships and loans shall be established by the campus at which the award is made. While held pending the grant of a scholarship or loan, such money may be invested by the State Treasurer upon approval of the Chancellor or designee, in those eligible securities listed in Section 16430 of the Government Code, in which event all interest or other earnings received pursuant to such investment shall also be used for such scholarships and loans.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 2080.9, Civil Code. Reference: Section 2080.9, Civil Code.
s 42380. Debts Owed California State University.
As used in this Article 11, a "debt" is an unpaid obligation of a student or former student, however incurred, arising while the debtor was a student, for loans, services, use of facilities or equipment, materials, food, or merchandise furnished to the student by the California State University.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 42381. Withholding of Services for Non-Payment of Debts.
The Chancellor may authorize a president of a campus, or designee, to withhold permission to register, to use facilities for which a fee is authorized to be charged, to receive services, materials, food or merchandise, or any combination of the above from any person owing a debt as defined in Section 42380. The Chancellor is authorized to establish and from time to time revise procedures for the implementation of this Section.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 42390. Rules and Procedures of State College Special Projects Fund.
The Chancellor shall establish rules and procedures under which the State College Special Projects Fund shall operate. The Chancellor may delegate to the Presidents authority with respect to the operation of research, workshops, conferences, institutes, and special projects, all under the State College Special Projects Fund, on their campuses. The Chancellor shall report to the Board on procedures issued or revised pursuant to this Section.
Note: Authority cited: Sections 66600, 89030, 89035 and 89725, Education Code. Reference: Section 89725, Education Code.
s 42395. Rules and Procedures for Emergency Meeting of the Board of Trustees.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 11125(a), Government Code.Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Section 11125(a), Government Code.
s 42396. Privacy.
The Board of Trustees recognizes that the right of privacy is an inalienable right protected by Section 1, Article 1 of the California Constitution. To confirm past practices with respect to this right and to further implement this right within and throughout the California State University, the Trustees have adopted this Article.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 42396.1. Definitions.
The following definitions shall apply to this Article:
(a) The phrase "personal information" means any record of information which is retrieved by the name of a person or by some identifying particular assigned to the person.
(b) The term "person" means a natural person.
(c) The term "system" means an official file or collection of files containing personal information.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 42396.2. Principles of Personal Information Management.
The following principles of personal information management shall be implemented within The California State University:
(a) There should be no personal information system the existence of which is secret.
(b) Personal information should not be collected unless the need for it has been clearly established in advance.
(c) Personal information should be appropriate and relevant to the purpose for which it has been collected.
(d) Personal information should not be transferred outside The California State University unless the transfer is compatible with the disclosed purpose for which it was collected.
(e) Personal information should be used as a basis for a decision only when it is accurate and relevant.
(f) There should be procedures established by which a person may learn what personal information about him or her has been retained by The California State University and where lawful, have those records disclosed to him or her, pursuant to the provisions of this Article.
(g) There should be established within The California State University procedures by which a person may request in writing addition to or deletion of personal information about himself or herself which does not meet the principles in this section. Such requests should be honored within a reasonable length of time or the person should be permitted to file a concise statement of dispute regarding the personal information which shall become a permanent part of the record, or, the disputed personal information should be destroyed.
(h) Precautions should be taken to prevent the unauthorized access to or use of personal information retained by The California State University.
These principles shall be construed and implemented so as to be consistent with all federal and state laws otherwise regulating or allowing for the use of personal information, including but not limited to Education Code Section 89546 relating to employee records and Education Code Sections 67000-67147.5 relating to student records.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 42396.3. Exemptions.
No provision of this Article shall be construed to require access to records that are exempted or privileged from disclosure by state or federal law.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 42396.4. Administrative Implementation.
This Article shall be implemented by the Chancellor. The Chancellor may establish policies and procedures to administer the use of personal information by The California State University. Appropriate consideration shall be given to the impact such implementation, policies and procedures will have upon budgetary and administrative limitations affecting The California State University.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 42396.5. Continuing Review of Information Management Practices.
The Chancellor shall establish appropriate policies and procedures to review on a regular and continuing basis the coordination and use of information within the California State University. The results of this review will be made known regularly to the Chancellor for appropriate consideration.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code. Reference: Sections 66600 and 89030, Education Code.
s 42397. Purpose.
Campus alumni organizations aid the California State University in achieving its goals by providing leadership in fostering participation and support of campus priorities and representing alumni interests. As a public trust and the beneficiary of the support provided by alumni associations, the trustees are obligated to require that the funds raised by alumni associations be properly controlled and expended. Consequently, it is the intent of the trustees (1) to develop policies and procedures governing the recognition and management of alumni organizations, including the use of funds and institutional resources and, (2) to ensure cooperative and collaborative efforts between the alumni organizations and the campuses. To accomplish this, the campus president has the responsibility of granting and periodically reviewing recognition of a campus alumni association. These provisions govern the relationship between the alumni association and the campus it supports.
Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
s 42397.1. Recognition.
(a) A campus president, by agreement between the campus and the organization, may recognize as the campus alumni association a single campuswide organization that has the following characteristics:
(1) is organized and operated solely for the benefit of the university and its alumni;
(2) has as its purpose providing service and support to its members, the alumni of the campus, and to the university;
(3) does not restrict membership or benefits of membership on the basis of race, religion, national origin, gender, physical disability or sexual orientation;
(4) recognizes the unique role of the campus president in setting campus priorities;
(5) is the umbrella organization for the constituency alumni groups of the campus; and
(6) irrevocably dedicates its assets for the benefit of a campus of the California State University. In the event of the association's dissolution, its assets shall be transferred to the campus or an auxiliary organization designated by the campus president for purposes consistent with the purposes of the association and the terms of the individual gifts that are part of the assets, and, if a corporation, in conformance with the California Nonprofit Corporation Law.
(b) Each recognized alumni association shall enter into an agreement with the campus that shall include the following:
(1) the provisions of this article shall be incorporated by reference;
(2) the exchange of value between the campus and the alumni association shall be expressed and may include provision of facilities and other tangible as well as intangible exchanges;
(3) a license agreement for use of the campus name and symbols;
(4) authority and responsibility with regard to use of the campus alumni database; and
(5) the term of the agreement.
In addition, the agreement may include other provisions unique to each campus and alumni association such as the following:
(6) financial management and record keeping arrangements between the parties;
(7) provisions for the construction and operation of an on-campus alumni center;
(8) provisions for use of alumni association name and symbols; and
(9) such other provisions that may pertain to the relationship between the campus and the alumni association.
(c) Compliance with this article and the agreement between the campus and the alumni association is a condition of continued recognition. A copy of this article and the agreement shall be given to all members of the campus alumni association's governing body and to any new member of the governing body when the new member takes office.
(d) To obtain and maintain recognition, the campus alumni association shall submit the following to the campus president or designee on an annual basis or otherwise as specified by the campus president:
(1) a current list of officers, members of the governing body, and the principal contact person for the organization;
(2) a statement of the organization's purpose and goals consistent with subsection (a) and copies of the current enabling documents of the organization (i.e., bylaws, constitution, articles of incorporation, or other governing document);
(3) a current roster of names and addresses of donors and members, unless such records are otherwise maintained by the campus;
(4) a statement signed by the officers/representatives of the organization that the governing body has read and formally voted that it will comply with this article and the agreement;
(5) a copy of the organization's annual financial statements;
(6) for an organization with accounts at a financial institution, a list identifying all such accounts, including the institution's name and address, the organization's account numbers, and a statement signed by an appropriate officer or representative of the organization authorizing the campus to obtain upon request from the financial institution information, records, or photocopies of transactions relating to the accounts; and
(7) for an incorporated, tax-exempt organization, (A) a copy of the organization's state and federal tax-exempt status determination letter; (B) a copy of the organization's most recent Internal Revenue Service Form 990; and (C) a list of the types of activities, including fundraising and membership drives, the organization intends to undertake and how the organization intends to financially support these activities.
(e) The following are among the privileges that may be granted by the campus president to a recognized campus alumni association:
(1) use of the name of the campus and symbols, including the name of its mascot or other identifying marks that would cause the public to assume it is dealing with the university or a university recognized group;
(2) use of the campus as approved by the campus president or designee in performance of an association's recognized activities; and
(3) use of a campus auxiliary organization's investment services, as approved by the campus president or designee.
(f) Under the authority of the campus president, the recognized campus alumni association may be assigned the responsibility of ensuring that all geographical and special interest chapters of the campus alumni association, as well as other recognized constituency alumni groups, are in compliance with this article.
(g) After July 1, 2003, use of the campus name and symbols, including mascot or other identifying mark, by an organization that has operated as a campus alumni association, is prohibited unless the organization has been recognized by the campus as the campus alumni association under the provisions of this article. A campus alumni association that meets the criteria of this article and has been recognized as the campus alumni association shall not have that recognition withdrawn by the campus president except for material noncompliance with this article, after having been given an opportunity to correct the noncompliance.
Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
s 42397.2. Organization.
(a) A campus alumni association may be included as part of the university or an auxiliary organization or, if organizationally separate from the university or an auxiliary organization, shall obtain and maintain status as a tax-exempt organization under state and federal law.
(b) The campus president or designee shall be anex officio voting or non voting member of the association's governing body.
(c) Campus presidents are responsible for determining that campus alumni associations are in compliance with this article and have authority to require campus alumni associations to provide written evidence of compliance.
(d) Campus presidents may, after consultation with the campus alumni association, establish additional written campus policies governing campus alumni associations consistent with this article. Copies of these policies and any amendments thereto shall be forwarded promptly upon their issuance to the Chancellor.
(e) A campus alumni association shall comply with campus policies pertaining to use of the campus name and symbols.
Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
s 42397.3. Fundraising.
(a) Fundraising campaigns proposed by a campus alumni association shall be approved in advance in writing by the campus president or designee as provided in campus policy. Solicitations of membership dues do not require such advance approval and are not fundraising within the meaning of this article. All fundraising campaigns shall be coordinated through the campus development office. Campus alumni associations may accept gifts only if the associations comply with the financial policies of this article, including, for alumni associations separate from the state, maintaining state and federal tax-exempt status. Campus alumni associations shall acknowledge and thank donors who have made gifts in a manner consistent with campus development policies.
(b) A campus alumni association shall advise donors that any restrictive terms and conditions attached to gifts for the campus are subject to campus approval.
(c) All gifts for the benefit of a campus alumni association shall be reported by the association to the campus president or designee.
Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
s 42397.4. Financial Activities.
(a) Financial Control: Financial activities of a campus alumni association shall be administered and reported to its governing body in accordance with prudent business practices, generally accepted accounting principles, and this article.
(b) State Funds: State Funds shall not be transferred to a campus alumni association. Payments for commensurate value received are permitted, but gifts or unrestricted grants are not.
(c) Submission of Budget and Report of Expenditures: The campus alumni association shall submit its budget to the campus president for review at least 30 days prior to the commencement of the fiscal year. Within 180 days of the close of each fiscal year, the campus alumni association shall submit to the campus president a detailed report comparing budgeted to actual expenditures by fund source. Upon request, a campus alumni association shall submit to the president, within 30 days of such request, interim financial information.
(d) Bonding and Insurance: The governing body of a campus alumni association shall make an express determination of the appropriateness, necessity, and amounts of any bonds for officers and staff members. General liability and directors' and officers' liability insurance also shall be obtained in amounts determined annually by the governing body to be reasonable, appropriate, and necessary. The insurance may be provided by a campus auxiliary organization. Any general liability insurance obtained by or on behalf of a campus alumni association shall name the campus as an additional insured.
(e) Funds for Support of University Departments: Restricted funds received or unrestricted funds, including investment payout, allocated for support of campus departments or programs, shall be transferred at least annually to the campus, unless otherwise provided by the campus president, and shall be administered in accordance with campus policies and expended from campus department or program accounts.
(f) Bank Accounts: Only the following expenditures for campus alumni association activities may be made from bank accounts:
(1) payments for goods, facilities, and services including salaries of staff, if the goods, facilities, and services are in connection with official activities of the campus alumni association;
(2) payments for audit, tax preparation, and legal fees;
(3) payments to donors and members to refund contributions and dues as permitted by law, or to return overpayments pursuant to a donor's or member's request;
(4) payments to other organizations of donations or other remittances made in error;
(5) transfers to the campus or a campus auxiliary organization;
(6) travel expenses reimbursement, scholarships, support of campus activities; and
(7) legally appropriate payments from its bank account to support ballot measures beneficial to the university and endorsed by the trustees.
(g) Disbursements: All disbursements on behalf of a campus alumni association shall be approved by an officer or employee designated by the governing body. The governing body of the campus alumni association shall specify an amount beyond which checks must bear the signatures of two persons designated by the governing body.
(h) Financial Statements: Financial statements and expenditures by a campus alumni association shall be in accordance with campus policies, with detailed budgets approved by the campus alumni association's governing body.
(i) Payments to University Employees: A campus alumni association shall not (a) directly or indirectly employ, (b) supplement the salary of, or (c) provide any consulting fees, loans, or perquisites to campus employees outside of established personnel policies and practices of the California State University.
(j) Payments to Directors and Officers: Except for reimbursement for expenses incurred on its behalf, a campus alumni association shall not pay any salaries, consulting fees, loans, or perquisites to a campus alumni association director, officer, or volunteer without the campus president's prior written approval.
(k) Deposit of Gifts to the Campus: Campus funds or gifts payable to the California State University shall not be deposited with or transferred to a campus alumni association.
(l) Solicitation Literature: When a fundraising campaign has been approved by the campus president, a campus alumni association's solicitation literature shall make it clear when gifts are to be made payable to the campus alumni association. Each campus alumni association shall develop a procedure to document when gifts intended for it have erroneously been made payable to the campus and, when such documentation is provided, the campus may issue an exchange check to a campus alumni association.
(m) Gift Expenses: If charges against gifts are to be made for costs of administering a gift to the campus alumni association, the campus alumni association shall include in its literature a statement to that effect. The charges shall be approved by the campus president and the campus alumni association's governing body, and the nature of such charges shall be disclosed in the campus alumni association's audited financial statement.
(n) Report to Registry of Charitable Trusts and Statement of Domestic Nonprofit Corporation: Complete copies of the campus alumni association's annual report to the State Registry of Charitable Trusts and bi-annual Statement of Domestic Nonprofit Corporation shall be provided by the campus alumni association to the campus president, at the time the report or statement is filed.
(o) Political Activities: No substantial part (as those terms are used in the Internal Revenue Code and regulations) of the activities of a campus alumni association shall attempt to influence legislation, or participate or intervene in any political campaign in support of or opposition to legislation. No part of those activities may be on behalf of any candidate for public office. However, advocacy on behalf of the campus is permitted if it is consistent with the legislative, budgetary, and electoral objectives of the university, pursued in coordination with the campus president, consistent with state law, the Internal Revenue Code and regulations, and in accordance with the articles and bylaws of the campus alumni association.
(p) Conflicts of Interest: Business transactions involving the campus alumni association and the personal or business affairs of a director, officer, or staff member shall be approved in advance by the governing body. In addition, directors, officers, and staff members of a campus alumni association shall disqualify themselves from making, participating in making, or in any way attempting to use their official positions to influence a decision in which they have or would have a financial interest, as provided in Government Code Section 87100 and the definitions of the Political Reform Act and its implementing regulations, as if the director, officer, or staff member were a state employee. A financial interest exists if it is reasonably foreseeable that the decision will have a material financial effect on the director, officer, or staff member or his or her immediate family, or on any business entity in which a $2,000 or more investment is held; any real property in which a $2,000 or more interest is held; any source of income of $500 or more received within the past 12 months; any donor of gifts aggregating $250 or more received in the past 12 months; or any business in which a position of management is held. (continued)