Policies & Procedures

Definitions:

Affiliated Entity: An organization that is legally distinct from the university but is organized and/or conducts activities that advance the mission of the university.  The definition of affiliated entity excludes the following: university-recognized student, faculty, or staff groups or organizations; research sponsors; donors; licensees that do not otherwise have affiliate status; university auxiliary enterprises; commercial contractors and vendors; consultants; lessors and lessees; individuals, such as university retirees and alumni; institutions with which the university has programmatic affiliation agreements designed principally for student clinical program placements or scholar exchanges; and university foundations.

Purpose:  To standardize the requirements for recognizing affiliated entities

Policy Statement:  The University recognizes the value of affiliated entities and has an interest in their success. The university seeks to coordinate its mission with the activities of each affiliated entity, while still preserving their separateness.

Procedures

I. Approval

The university’s relationship with affiliated entities must be approved by the Board of Visitors. 

II. Affiliation Agreement

All Board of Visitors approvals of affiliated entity status are conditional upon the existence of a fully executed affiliation agreement between the university and the affiliated entity. Minimally, the affiliation agreement must:

1. Define the mission of the affiliated entity and make clear the relationship between the affiliated entity and the university;
2. Define the affiliated entity’s legal status including whether the entity is as a non-profit corporation and a tax-exempt organization under applicable state and federal laws;
3. Specify the rights and responsibilities of the affiliated entity and the university respectively;
4. Identify the extent of the affiliated entity’s access to University resources, facilities and services and include an agreement by the affiliated entities to abide by university policies and procedures when using such services;
5. Include hold harmless language and indemnification to protect the university appropriately from potential legal and financial liability;
6. Describe the levels and categories of liability insurance to be carried by the affiliate and any required certification thereof;
7. Undergo review by university counsel and approved in accordance with university contract approval protocols;
8. Identify a university liaison who will have overall responsibility for coordination of activities and operations between the university and the affiliated entity;
9. Cite the grounds upon, and means by which, affiliated entity status may be suspended or revoked during the term of an affiliation agreement; and
10. Be for a term of no longer than three (3) years.

III. Representation to Others

Affiliated entities must take appropriate steps to ensure that third parties understand whether they are dealing with the university or the affiliated entity. This includes making clear to third parties dealing with the affiliated entity that the affiliated entity is an independent, separate legal entity.

Approved by the Board of Visitors on September 11, 2020.