6.17 Cooperative Organizations
6.17.1 Definition
An organization is a cooperative organization if it:
- Is organized or operated primarily:
- for the purpose of soliciting gifts or assisting the ÖгöÉÙ¸¾ÊÓƵ System of Georgia (ÖгöÉÙ¸¾ÊÓƵ) or a ÖгöÉÙ¸¾ÊÓƵ institution in soliciting gifts from third persons in the name of the ÖгöÉÙ¸¾ÊÓƵ institution or any of the institutionÖгöÉÙ¸¾ÊÓƵ™s programs; or,
- for soliciting grants and contracts or accepting grants or entering into contracts for research or services to be performed by or in conjunction with a ÖгöÉÙ¸¾ÊÓƵ institution or using the institutionÖгöÉÙ¸¾ÊÓƵ™s facilities;
- Bills or collects professional fees in the name of or on behalf of a ÖгöÉÙ¸¾ÊÓƵ employee who provides professional services within the scope of their employment by the institution;
- Includes officials, faculty, staff, or employees of a ÖгöÉÙ¸¾ÊÓƵ institution as ex officio members of the organizationÖгöÉÙ¸¾ÊÓƵ™s board of directors or other governing structure; or,
- Is formally designated as a cooperative organization by the Board of Regents, the Chancellor, or by the President of the relevant ÖгöÉÙ¸¾ÊÓƵ institution. The Board of Regents, the Chancellor, or the President of the relevant ÖгöÉÙ¸¾ÊÓƵ institution may designate certain cooperative organizations that are required to follow the RegentsÖгöÉÙ¸¾ÊÓƵ™ Guiding Principles for Cooperative Organizations.
6.17.2 Relationship Between Cooperative Organizations and the ÖгöÉÙ¸¾ÊÓƵ and its Institutions
A relationship, whether formal or informal, between the ÖгöÉÙ¸¾ÊÓƵ or a ÖгöÉÙ¸¾ÊÓƵ institution and a cooperative organization may be maintained only if:
- The relationship is in the best interest of the ÖгöÉÙ¸¾ÊÓƵ or the ÖгöÉÙ¸¾ÊÓƵ institution as determined by the Board of Regents and the President of the relevant institution in consultation with the Chancellor;
- The financial records of the cooperative organization, including any audits, are available for inspection by the Chancellor and the President of the ÖгöÉÙ¸¾ÊÓƵ institution or the PresidentÖгöÉÙ¸¾ÊÓƵ™s designee;
- Any use by the cooperative organization of the name of the ÖгöÉÙ¸¾ÊÓƵ or a ÖгöÉÙ¸¾ÊÓƵ institution, or of a symbol or trademark of the ÖгöÉÙ¸¾ÊÓƵ or a ÖгöÉÙ¸¾ÊÓƵ institution, is approved in advance by the Chancellor, the President of the ÖгöÉÙ¸¾ÊÓƵ institution, or the PresidentÖгöÉÙ¸¾ÊÓƵ™s designee;
- The cooperative organization annually presents evidence satisfactory to the President of the ÖгöÉÙ¸¾ÊÓƵ institution or the PresidentÖгöÉÙ¸¾ÊÓƵ™s designee that the cooperative organization is adequately capitalized for any activities undertaken in the name of, for the benefit of, or in conjunction with the ÖгöÉÙ¸¾ÊÓƵ institution;
- The cooperative organization annually presents evidence satisfactory to the President of the ÖгöÉÙ¸¾ÊÓƵ institution or the presidentÖгöÉÙ¸¾ÊÓƵ™s designee of insurance or self-insurance adequate in form and amounts to cover foreseeable liability arising from activities undertaken in the name of, for the benefit of, or in conjunction with the ÖгöÉÙ¸¾ÊÓƵ institution;
- There is a written general agreement or memorandum of understanding between the ÖгöÉÙ¸¾ÊÓƵ institution and the cooperative organization describing each partyÖгöÉÙ¸¾ÊÓƵ™s responsibilities so that it is clear to third parties dealing with the cooperative organization that the organization is acting as a legal entity separate from the ÖгöÉÙ¸¾ÊÓƵ institution;
- Actions of the ÖгöÉÙ¸¾ÊÓƵ institutionÖгöÉÙ¸¾ÊÓƵ™s officials, faculty, staff, or employees pursuant to the relationship are consistent with policies established by the Board of Regents and the ÖгöÉÙ¸¾ÊÓƵ institution regarding conflicts of interest, outside activities, and other matters; and,
- Not less than every two years, the President of the institution documents that he or she has reviewed the relationship between the institution and the cooperative organization and that all provisions of this policy are met to the PresidentÖгöÉÙ¸¾ÊÓƵ™s satisfaction.
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