2.55 – NMSU Recognition of Affiliated Individuals

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Scope: NMSU System

Source: ARP Chapter 2 | Institutional Organization and Affiliated Entities

Rule Administrator:

Last Updated: 11/13/2018

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Cross-Reference:

Revision History:

11/13/2018 Amendment approved by Chancellor
10/09/2018 Amendment approved by Chancellor
07/10/2018 Adopted by Chancellor

PART 1: PURPOSE


This rule authorizes but does not require NMSU to grant affiliated status, also referred to as a designation, to individuals who have a formal association with the university other than employee or student, which association significantly benefits NMSU or significantly supports the NMSU mission.    Criteria are provided for the designations of Affiliated Student, Volunteer Affiliate, Contractor Affiliate, Affiliated Scholar and Affiliated Faculty, as well as applicable terms and conditions and the types of privileges for each designation.  NMSU does not provide its designated affiliates with monetary compensation or entitlement to privileges other than those expressly provided in this rule or in an affiliation agreement consistent with this rule.

 

PART 2: AFFILIATED STUDENTS


  1. Criteria: To be designated as an Affiliated Student, the individual must be a student who is regularly enrolled at another post-secondary institution of higher learning which has either a physical presence on NMSU’s campus or the right to use NMSU facilities pursuant to a contractual affiliation agreement. Examples include individuals present at NMSU’s campus or facilities for participation in a clinical or experiential learning opportunity or to utilize services offered by way of a contractual agreement between the student’s institution and NMSU.
  2. Process:
    1. When a group of students is granted Affiliated Student status based on a contract for services between NMSU and another post-secondary institution of higher learning, approval of the contract by the executive vice president and provost is required, and in such cases, the terms of the contract shall supersede any conflict with the terms of this rule.
    2. For other proposals to enter into an Affiliation Agreement that would allow one or more students of another post-secondary institution to engage in unpaid clinical or other experiential learning at NMSU, approval by the executive vice president and provost or designee is also required and is subject to the following requirements:
      1. The sponsoring unit initiates the process by preparing a memorandum in support of a request for approval of an individual as an Affiliated Student, including any relevant Affiliation Agreement as an attachment. The memorandum in support will include the following:  (1) a description of the individual student’s proposed assignments or activities, (2) a clear statement of justification explaining why the affiliation is in the best interests of NMSU, and (3) unless a formal affiliation agreement provides otherwise, the period of affiliation must end no later than the next June 30th.
      2. The memorandum in support is routed for approvals by the sponsoring unit, through the cognizant dean or associate vice-president, the director of accreditation, the office of university general counsel, the senior vice president for administration and finance, to the executive vice president and provost.
      3. The executive vice president and provost transmits the approval or disapproval to the sponsoring unit and the cognizant dean.
      4. Upon receipt of the approved memorandum, the sponsoring NMSU unit issues a Letter of Affiliated Student status to each Affiliated Student, as evidence of the designation, and also advises relevant NMSU offices that the Affiliated Student is entitled to specified privileges.
  3. Terms and Restrictions: The Affiliated Student designation is subject to the following terms and restrictions:
    1. Affiliated Students must be assigned to a specific sponsoring NMSU unit with a designated advisor within that unit.
    2. To avoid confusion, Affiliated Students must utilize the title “Affiliated Student” and must not represent themselves to anyone, on or off campus, as an NMSU student.
    3. Individual Affiliated Students must satisfy any compliance training requirements applicable to students at NMSU. Sponsoring units are responsible for ensuring that this training is completed.
    4. Affiliated Student status is a privilege granted at the discretion of the university and may be withdrawn at any time by the vice president of student affairs and enrollment management in coordination with the appropriate NMSU administrator, subject to the terms of any applicable affiliation agreement or other contract.
    5. All individual Affiliated Student designations terminate automatically on June 30 of each year, unless the executive vice president and provost has approved a different date in a written agreement or advance renewal request submitted by the sponsoring department.
  4. Privileges: Affiliated Students shall be afforded only the privileges set forth in the Letter of Affiliated Status and/or in an affiliation agreement or other contract.

 

PART 3: VOLUNTEER AFFILIATES


  1. Criteria: Individuals who voluntarily provide support services to NMSU programs, events and initiatives with approval from a sponsoring unit will be designated as a Volunteer Affiliates, subject to the terms of this rule.  Sponsoring units which utilize Volunteer Affiliates are responsible for compliance with the requirements of this rule.
  2. Process: NMSU units requesting to utilize volunteers (sponsoring unit) must obtain approval of the relevant dean or vice president and the assistant vice president for human resource services or designee by submitting a memorandum in support of a Volunteer Plan (Plan).  The memorandum in support must identify the specific activity, program or initiative for which volunteer(s) will be utilized, and a description of the tasks or activities that the volunteer(s) will be asked to perform, including whether they will be permitted to operate NMSU vehicles or equipment, transport others in their private vehicle(s) or will be working with minors.  Once the memorandum in support of Plan is approved by the dean or vice president and the assistant vice president for human resource services, a copy shall be submitted to the executive director of environmental health safety and risk management.  Issues or concerns identified by that office must be discussed with the sponsoring unit and may require modification of the Plan.
  3. Terms and Restrictions: The use of Volunteers is subject to the following terms and restrictions:
    1. No current employee, including student employees, will be permitted to volunteer within the unit in which they work or for any program or event sponsored by that unit. Violations of this restriction can result in FLSA violations and serious consequences.
    2. Sponsoring units must assign each Volunteer to an employee within that unit to supervise the activities of the Volunteer.
    3. The sponsoring unit is responsible for obtaining signed Volunteer Agreements from each Volunteer and for maintaining the Volunteer Agreements in their administrative office. The Volunteer Agreement template is available from the University General Counsel website.
    4. Volunteers must satisfy any compliance training requirements deemed applicable to Volunteers, as determined by the assistant vice president for human resources. Sponsoring units are responsible for ensuring this training is completed.
    5. Prior to commencing volunteer work, a determination will be made by Human Resource Services, in consultation with the sponsoring unit regarding the need for a criminal background check, based on the responsibilities and activities the volunteer will participate in or be exposed to. Prospective Volunteer Affiliates will be told in advance whether or not they will be required to authorize NMSU to obtain a criminal background report and whether they will be required to pay for it.  For Volunteer Affiliates who will be permitted to operate NMSU motor vehicles, transport individuals in their private vehicle, or work with minors, the sponsoring units must require a satisfactory criminal background check prior to the Volunteer Affiliate commencing activities in the unit.  In such cases, Human Resource Services will assist the unit in obtaining the report, and must approve after reviewing the report.
    6. Volunteer Affiliate status is granted at the discretion of NMSU and may be withdrawn upon notice, without specification of cause by the assistant vice president for human resource services or designee, after consultation with the sponsoring unit. Volunteer Affiliates have no legal right to Volunteer Affiliate status at NMSU, and the decision of NMSU to withdraw such status shall be final.
    7. All Volunteer Plan approvals continue indefinitely, unless the Plan states otherwise, needs to be modified by the sponsoring unit based on changed circumstances, or the assistant vice president for human resource services requests submission of an updated plan.
  4. Privileges: Volunteer Affiliates are protected by NMSU’s tort liability coverage with respect to the Volunteer Affiliate’s authorized activities undertaken within the course and scope of the Volunteer Affiliate’s authorized activities on behalf of the university. Sponsoring units may provide recognition and express the unit’s appreciation for the Volunteer Affiliate’s efforts consistent with university policy.  Upon written request of the sponsoring unit to the associate vice president of administration and finance or designee, and at the discretion of this official, Volunteer Affiliates may be granted other privileges such as facility access and the opportunity to purchase parking permits at an affiliate rate.  No other special privileges are afforded to Volunteer Affiliates beyond the opportunity to support NMSU in achievement of its mission.

 

PART 4: CONTRACTOR AFFILIATES


  1. Criteria: Employees and authorized agents of NMSU contractors may be designated as a Contractor Affiliate when performance of the contract involves a physical presence on an NMSU campus or facility, and necessitates specific privileges or facility access related to NMSU property.
  2. Process: The designation as a Contractor Affiliate must be requested by the head of the NMSU unit responsible for the contract, coordinated with management for the contractor, and approved by the director of Procurement Services.  The NMSU unit seeking such a designation should provide a memorandum in support which provides a description of the individual’s proposed assignments or activities on NMSU premises, and the proposed privileges, with justification, to be granted to the individual upon approval of the Contractor Affiliate designation. Once the request is approved, the sponsoring NMSU unit must issue a Letter of Contractor Affiliate status to each individual afforded that status, as evidence of the designation and also advise relevant NMSU offices that said Contractor Affiliate is entitled to specified privileges.
  3. Terms and Restrictions: The designation as a Contractor Affiliate is subject to the following terms and restrictions:
    1. Each Contractor Affiliate must be validated by management of their respective contractor as either an employee or authorized agent of the business entity which has a valid contract to provide goods or services on NMSU premises.
    2. The designation as a Contractor Affiliate is granted at the discretion of NMSU and may be withdrawn at any time by the director of procurement services. No individual has any legal right to be designated as a Contractor Affiliate, and a decision of the sponsoring unit or the director of procurement services to withdraw an affiliate designation shall be final.
    3. Individual Contractor Affiliates must satisfy any compliance training requirements deemed applicable to contractors or subcontractors at NMSU. The head of the NMSU unit responsible for the contract will be responsible for ensuring that this training is completed.
    4. The Contractor Affiliate designation ends automatically when the individual ceases to be an employee or an authorized agent of a contractor a valid ongoing contract to provide goods or services on NMSU premises, or upon termination of the NMSU contract with the individual’s employer, whichever occurs first.
  4. Privileges: Contractor Affiliates shall be afforded only those privileges granted by NMSU in a written document.

 

PART 5: AFFILIATED SCHOLARS


  1. Criteria: Individuals who voluntarily collaborate with NMSU personnel on academic and scholarly projects that benefit NMSU in the areas of teaching, research, or extension services.
  2. Process: All proposals to designate an individual as Affiliated Scholar require approval by the executive vice president and provost.
    1. The unit proposing this academic designation (sponsoring unit) initiates the process by completing and submitting the Affiliated Scholar Request form for approval through the relevant academic dean, vice president or community college associate vice president for academic affairs to the executive vice president and provost.
    2. The Affiliated Scholar Request form provides: (1) a statement regarding whether the individual will be a volunteer or working as an employee of another specified entity which has a contractual relationship with NMSU, (2) a description of the individual’s proposed assignments or activities, (3) a clear statement of justification explaining why the affiliation is in the best interests of NMSU, (4) identification of the proposed responsible supervisor (who must be an NMSU employee) within the sponsoring unit, and (5) the appointment end date which must be no later than one year from the  date the affiliation was commenced or renewed, as appropriate.
    3. The executive vice president and provost or designee transmits the approval or disapproval of the proposal for processing to the appropriate dean, vice president or community college associate vice president for academic affairs, as appropriate.
  3. Terms and Restrictions: Affiliated Scholar status is subject to the following terms and restrictions:
    1. No current employee will be granted Affiliated Scholar status.
    2. All Affiliated Scholar must be assigned to a specific sponsoring academic unit with an identified responsible supervisor within that unit.
    3. To avoid confusion regarding the individual’s status, Affiliated Scholar will utilize the title “Affiliated Scholar”. If listed on web pages or other departmental publications, a notation will explicitly state that Affiliated Scholar are not employees.
    4. Affiliated Scholar must satisfy the NMSU compliance training requirements applicable to Affiliated Scholar status, as determined by the assistant vice president for human resource services.
    5. Affiliated Scholar shall not provide academic oversight or serve as instructors of record for academic courses.
    6. Affiliated Scholar may not be designated as the supervisor of record for any NMSU employee, including student employees (time sheets, leave approvals, etc). Affiliated Scholar may not serve in the role of “Acting” department head, director or equivalent, nor be granted any signature authority within or on behalf of NMSU.
    7. Except when a written contract explicitly provides otherwise, the affiliated status continues at the will of the university and may be terminated at any time without specification of cause.
    8. Affiliated Scholar designations terminate automatically on the end date specified in the electronic Personnel Action Form (e-PAF) or applicable agreement, if any, unless the sponsoring unit proposes renewal of the designation by submitting an e-PAF with justification.
  4. Privileges: Affiliated Scholar will be afforded the following privileges:
    1. NMSU issued identification card indicating the title of “Affiliated Scholar” and including the affirmation “Affiliated Scholars are not employees of NMSU.”
    2. Library usage equivalent to that permitted for NMSU Faculty.
    3. NMSU parking privileges equivalent to that offered to NMSU Faculty, upon purchase of a permit at an affiliate rate.
    4. NMSU email account used for the benefit of NMSU, subject to compliance with applicable NMSU policy, which recognizes the public’s right to inspect public records, generally including the content of email.
    5. Affiliated Scholar may be granted keys and access cards for NMSU facilities upon request of the sponsoring unit and approval of the cognizant dean. Sponsoring units are responsible for recovery of keys and access cards upon termination of the affiliation arrangement.
    6. Affiliated Scholar may be granted access to NMSU electronic systems and data on an as needed basis, upon request of the sponsoring unit, submission of any confidentiality, privacy or use restriction agreement as may be required by the Information Communication Technology Department, and approval by the cognizant dean or vice president.
    7. Other privileges, subject to payment of fees, as may be approved by the senior vice president for administration and finance.

 

PART 6: AFFILIATED FACULTY


  1. Criteria:  Individuals granted Affiliated Faculty status must have the minimum credentials required to serve as a faculty member at NMSU (See ARP 6.50 – Faculty Credentials Required of NMSU Instructors of Record), and must provide a significant benefit to NMSU in the areas of teaching, research, or extension services. These individuals act either as individual volunteers or as employees of another entity under a contractual relationship with NMSU.
  2. Process: All proposals to designate an individual as Affiliated Faculty require approval by the executive vice president and provost.  The Affiliated Faculty designation will be assigned to an individual only in accordance with the following requirements:
    1. The unit proposing this academic designation (sponsoring unit) initiates the process by completing and submitting the Affiliated Faculty Request form for approval through the relevant academic dean, vice president or community college associate vice president for academic affairs to the executive vice president and provost.
    2. The Affiliated Faculty Request form provides: (1) a statement regarding whether the individual will be a volunteer or working as an employee of another specified entity which has a contractual relationship with NMSU, (2) a description of the individual’s proposed assignments or activities, (3) a clear statement of justification explaining why the affiliation is in the best interests of NMSU, (4) identification of the proposed responsible supervisor (who must be an NMSU employee) within the sponsoring unit, and (5) the appointment end date which must be no later than one year from the  date the affiliation was commenced or renewed, as appropriate.
    3. The executive vice president and provost or designee transmits the approval or disapproval of the proposal for processing to the appropriate dean, vice president or community college associate vice president for academic affairs, as appropriate.
  3. Terms and Restrictions: Affiliated Faculty status is subject to the following terms and restrictions:
    1. No current employee will be granted Affiliated Faculty status.
    2. All Affiliated Faculty must be assigned to a specific sponsoring academic unit with an identified responsible supervisor within that unit.
    3. To avoid confusion regarding the individual’s status, Affiliated Faculty will utilize the title “Affiliated Faculty” and will not be permitted to utilize an academic rank designation. Affiliated faculty will not be listed among NMSU faculty in the university catalog.  If listed on web pages or other departmental publications, a notation will explicitly state that Affiliated Faculty are not employees.
    4. Affiliated Faculty must satisfy the NMSU compliance training requirements applicable to Affiliated Faculty status, as determined by the assistant vice president for human resource services.
    5. Affiliated Faculty may provide academic oversight and serve as instructors of record for academic courses.
    6. Affiliated Faculty may not be designated as the supervisor of record for any NMSU employee, including student employees (time sheets, leave approvals etc). Affiliated Faculty may not serve in the role of “Acting” department head, director or equivalent, nor be granted any signature authority within or on behalf of NMSU.
    7. Except when a written contract explicitly provides otherwise, the affiliated status continues at the will of the university and may be terminated at any time without specification of cause.
    8. Affiliated Faculty designations terminate automatically on the end date specified in the e-PAF or applicable agreement, if any, unless the sponsoring unit proposes renewal of the designation by submitting an e-PAF with justification.
  4. Privileges: Affiliated Faculty will be afforded the following privileges:
    1. NMSU issued identification card indicating the title of “Affiliated Faculty” and including the affirmation “Affiliated Faculty are not employees of NMSU.”
    2. Library usage equivalent to that permitted for NMSU faculty.
    3. NMSU parking privileges equivalent to that offered to NMSU faculty, upon purchase of a permit at an affiliate rate.
    4. NMSU email account used for the benefit of NMSU, subject to compliance with applicable NMSU policy, which recognizes the public’s right to inspect public records, generally including the content of email.
    5. Affiliated Faculty may be granted keys and access cards for NMSU facilities upon request of the sponsoring unit and approval of the cognizant dean. Sponsoring units are responsible for recovery of keys and access cards upon termination of the affiliation arrangement.
    6. Affiliated Faculty may be granted access to NMSU electronic systems and data on an as needed basis, upon request of the sponsoring unit, submission of any confidentiality, privacy or use restriction agreement as may be required by the Information Communication Technology Department, and approval by the cognizant dean or vice president.
    7. Other privileges, subject to payment of fees, as may be approved by the senior vice president for administration and finance.