Chapter 9 - General Provisions
Publication Date: August 27, 2009
Responsible Executive: VP for Business Affairs
9.41 Affiliated Organizations
This policy covers the approval to establish affiliated organizations that meet the criteria set forth below and that comply with all other state or federal regulations pertaining thereto.
This policy provides consistent guidelines for the establishment and administration of university business by any affiliated organizations.
This policy applies to all affiliated organizations using the name of The University of Texas at San Antonio (UTSA) and to all affiliated organizations created to directly support the mission of UTSA.
WEBSITE ADDRESS FOR THIS POLICY
RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS
- Texas Government Code Section 2255.001 http://tlo2.tlc.state.tx.us/statutes/docs/GV/content/pdf/gv.010.00.002255.00.pdf
- UTS110 - Employees of The University of Texas System: Financial Disclosure and Conflict of Interest Statement http://www.utsystem.edu/policy/policies/uts110.html
- Regents' Rules and Regulations, Series 60103, Guidelines for Acceptance of Gifts of Real Property http://www.utsystem.edu/bor/rules/60000Series/60103.pdf
UTS 138 â€“ Gift Acceptance Procedures http://www.utsystem.edu/policy/policies/uts138.html
- Regents' Rules and Regulations, Series 60306, Use of University Resources http://www.utsystem.edu/bor/rules/60000Series/60306.pdf
- Regents' Rules and Regulations, Series 60101, Acceptance and Administration of Gifts http://www.utsystem.edu/bor/rules/60000Series/60101.pdf
- Regents' Rules and Regulations, Series 60202, Endowed Academic Positions http://www.utsystem.edu/bor/rules/60000Series/60202.pdf
- Regents' Rules and Regulations, Series 60304, Internal Nonprofit Corporations http://www.utsystem.edu/bor/rules/60000Series/60304.doc
- Regents' Rules and Regulations, Series 60305, External Nonprofit Corporations http://www.utsystem.edu/bor/rules/60000Series/60305.doc
- UTSA Handbook of Operating Procedures (HOP) policy: 8.05 Use of University Facilities by Outside Groups: The University as Joint Sponsor http://www.utsa.edu/hop/chapter8/8-5.html
- UTSA HOP policy: 9.12 The Use of the University Name, Seal, Logo and Athletic Emblem: http://www.utsa.edu/hop/chapter9/9-12.html
- UTSA HOP policy: 9.23 Procedures Governing Private Gift Solicitation http://www.utsa.edu/hop/chapter9/9-23.html
- Internal Revenue Service Exemption Requirements for 501(c)(3) Organizations http://www.irs.gov/charities/charitable/article/0,,id=96099,00.html
If you have any questions about HOP policy 9.41, Affiliated Organizations, contact the following office:
The Office of the Vice President for Business Affairs
An Affiliated Organization is a not-for-profit corporation or association that has been expressly approved for affiliation with UTSA and exists primarily for the benefit and support of the University.
|Implementation/Enforcement Step||Responsible Office/Officer|
1. Written determination to support creation of new affiliated organizations and approval of the financial structure. Review of the memorandum of Understanding (MOU) prior to the approval of the President for completeness.
Vice President for Business Affairs (VPBA)
2. Approval to establish an affiliated organization and ongoing monitoring through the periodic reviews by Internal Audit for compliance with the MOU.
Affiliated Organizations Section 2255.001 of the Texas Government Code requires a state agency (including an institution of higher education) that is authorized by statute to accept money from private donors, or for which a private organization exists that is designed to further the purposes and duties of the agency, to adopt rules governing the relationship between the donor or affiliated organization and the agency and its employees.
- Existing Affiliated Organizations A list of approved affiliated organizations shall be maintained at all times by the Associate Vice President for Financial Affairs. These organizations are accountable to the University and subject to periodic review and monitoring for compliance with the terms and conditions of the memorandum of understanding.
- Establishing New Affiliated Organizations Prior to authorizing the establishment of an affiliated organization and execution of a memorandum of understanding, the Vice President for Business Affairs (VPBA) must determine the necessity, purpose, cost-benefit, institutional liability and relationship between the proposed affiliated organization and the university. In the event a proposed affiliated organization indicates it intends to do private fundraising for its activities and programs or for the university, the Vice President for External Relations (VPER) shall review such proposal and give a recommendation for or against approval to the VPBA. All affiliated organizations shall be approved by the president and shall not be authorized by the university to undertake programs or activities that are not properly part of the university's mission.
- Memorandum of Understanding Each affiliated organization is required to have a fully executed memorandum of understanding (MOU) between the affiliated organization and the university. The MOU will be reviewed by the VPBA and the VPER prior to the approval of the President. The MOU must clearly describe all aspects of the relationship between the affiliated organization and the university, including but not limited to the following: identifying the organization's mission and role, delineating when and how the organization may use the university's name, marks or other resources, and establishing ways for the organization to remain accountable to the university.