3341-2-40. Student organizations contracting

(A) Policy statement and purpose

This policy sets forth the rules and processes student organizations must follow before a valid contract can be executed.

(B) Policy

Neither students nor student organizations have any authority to obligate the university to a contract.

For contracts relating to registered student organizations, only the vice president for student affairs (or designee) has the authority to execute an enforceable contract.

Students shall not participate in forming contracts with entities in which the student or the student's immediate family has an ownership interest.

University employees may not enter into an agreement with student organizations for compensation.

All contracts, other than p-card purchases, by registered student organization activities must be submitted to the office of campus activities no later than four weeks prior to the effective date of the contract. Contracts submitted within four weeks or less of the performance date may not be approved.

Existing university contractual relationships may result in the denial of contract approval.

The contract will be reviewed by the office of the general counsel pursuant to university policy. If approved by the office of the general counsel, the agreement may be then signed by the vice president for student affairs (or designee).

Only the vice president for student affairs (or designee) has the authority to bind the university or the student organization to an agreement involving a student organization.

A student organization submitting a contract for approval must have sufficient funds on deposit in its university account to pay for the goods or services specified in the contract. A student organization may not rely on revenue to be derived from the event (e.g., ticket sales) to pay contract obligations. A student organization can satisfy the financial resources requirement by co-sponsoring the event with another organization.

A contract signed by a student on behalf of a student organization is not binding on the university or the student organization. A student signing a contract risks being held personally responsible for that contract.

(1) Performance/service agreements

Agreements for performances or services, whether live or otherwise, must be submitted on the performance/service agreement contract form that is provided by the office of campus activities. Other contract forms may be rejected at the sole discretion of the vice president for student affairs (or designee). Approval of alternative contract forms is at the discretion of the vice president for student affairs (or designee) and the office of the general counsel.

Contract approval may be withheld until the vendor or other service contractor has completed all forms required by BGSU purchasing. These forms include, but may not be limited to:

(a) Domestic vendor form. (service contractors located within the United States)

(b) Foreign vendor form. (service contractors located outside the United States)

(c) All individuals who are not current BGSU students and all limited liability corporations must also complete the OPERS independent contractor form.

These forms are located on the university purchasing website - http://www.bgsu.edu/purchasing/vendor-data-forms.html.

Effective: 2/2/2016
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345