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 or Contractor Affiliate, 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
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.
- 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.
- 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:
- 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 30.
- 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.
- The executive vice president and provost transmits the approval or disapproval to the sponsoring unit and the cognizant dean.
- 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.
C. Terms and Restrictions
The Affiliated Student designation is subject to the following terms and restrictions:
- Affiliated Students must be assigned to a specific sponsoring NMSU unit with a designated advisor within that unit.
- 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.
- 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.
- 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.
- 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.
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: VOLUNTEERS
Individuals who provide volunteer support services (without compensation) for NMSU programs, events and initiatives with approval from a sponsoring unit will be designated as a Volunteer, subject to the terms of this rule. Sponsoring units which utilize volunteers are responsible for compliance with the requirements of this rule.
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.
C. Terms and Restrictions
The use of Volunteers is subject to the following terms and restrictions:
- 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.
- Sponsoring units must assign each Volunteer to an employee within that unit to supervise the activities of the Volunteer.
- 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.
- 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.
- 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. Volunteers 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 volunteers 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 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.
- Volunteer 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. Volunteers have no legal right to participate as volunteers at NMSU, and the decision of NMSU to withdraw such status shall be final.
- 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.
Volunteers are protected by NMSU’s tort liability coverage with respect to the Volunteer’s authorized activities undertaken within the course and scope of the Volunteer’s assigned duties. Sponsoring units may provide recognition and express the unit’s appreciation for the Volunteer’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, Volunteers 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 Volunteers beyond the opportunity to support NMSU in achievement of its mission.
PART 4: CONTRACTOR AFFILIATES
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.
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 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.
C. Terms and Restrictions
The designation as a Contractor Affiliate is subject to the following terms and restrictions:
- 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.
- 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.
- 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.
- 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.
Contractor Affiliates shall be afforded only those privileges granted by NMSU in a written document.