Current through Register Vol. 46, No. 12, March 20, 2024
(a) Referendum.
Prior to the close of the academic year 2004-2005 and every two years
thereafter, the student body (or such components thereof as may be designated
by the chief administrative officer, or designee) at each State-operated campus
shall determine by referendum whether student activity programs shall be
supported by either voluntary or mandatory student fees. Such referendum shall
be held on the same day as the annual elections for officers of the
representative student organization or organizations (hereinafter referred to
as "student government"). The determination resulting from each referendum
shall remain in force for a period of two academic years, except that at any
time and from time to time within such two-year period a subsequent referendum
held in accordance with the constitution and by-laws of the student government
may effect a change in this determination with respect to the following
academic year.
(b) Voluntary fees.
Where students at a State-operated campus have determined to make the payment
of student activity fees voluntary, the student government shall be responsible
for the collection, appropriation and disbursement of such fees subject to the
permitted uses authorized in paragraph (c)(3) of the Board of Trustees' Policy.
With the approval of the chief administrative officer, or designee, personnel
or facilities of the campus, or both, may be used in connection with the
collection of such fees on behalf of the student government provided that the
collection of voluntary student activity fees is clearly distinguished from the
collection of required university fees.
(c) Mandatory fees. Where students at a
State-operated campus have determined to make the payment of student activity
fees mandatory, the appropriation, collection and disbursement of such fees,
whensoever collected, shall be governed by the following regulations:
(1) Preparation and certification of the
budget.
(i) The student government shall
prepare and approve a budget governing expenditures from student activity fees
in accordance with the constitution and by-laws of the student government, and
consistent with the principles of equal opportunity and viewpoint neutrality,
prior to registration for each academic year. The constitution and by-laws of
such student government shall specify the criteria governing eligibility for
funding of and allocations to student organizations from student activity fees.
While referenda of the student body may not be used to help determine specific
allocations to particular student organizations, mechanisms such as polls or
surveys may be used to ascertain student interest and participation in programs
or events. Allocations included in the budget shall fall within programs
defined in paragraph (3) of this subdivision. The approved budget shall
thereafter be presented to the chief administrative officer prior to the
registration for each academic year for review and certification that the
allocations from the fee and any proposed sources of revenue are in compliance
with the provisions of paragraph (3) of this subdivision. Upon determination by
the chief administrative officer, or designee, that the approved budget is in
compliance with these regulations, he or she shall so certify, and such
certification shall authorize the collection of the fee at
registration.
(ii) Appeals. In the
event that the chief administrative officer, or designee, concludes that a
particular proposed allocation included in the budget may not be in compliance
with the provisions of this Part, he or she shall refer such proposed
allocation to a campus review board composed of eight members of whom four
shall be appointed by the student government and four appointed by the chief
administrative officer, or designee. The campus review board shall study the
proposed allocation and make a recommendation to support or not to support it.
The chief administrative officer, or designee, shall thereafter make the final
decision. Any proposed allocation which is determined not to be in compliance
with the provisions of these regulations shall be excluded from the
budget.
(2) Collection
at registration. The total amount of the fee for one academic year, as fixed
and assessed by the student government, shall not exceed an amount to be
determined by the chancellor in consultation with the student assembly. Upon
registration, every student shall be required to pay one half of the total fee,
or proportionate part thereof, if registered for less than full-time, each term
for which he or she registers. Failure to pay the required fee may result in
denial of registration. The fiscal officer of each State-operated campus shall
collect the prescribed fee at the time of registration and shall pay over the
amounts so collected to an independent fiscal agent designated by the student
government and approved by the chief administrative officer, or designee. If
there is reasonable evidence in an individual case, as determined by the chief
administrative officer, or designee, that payment of the fee may cause undue
hardship, such student may nevertheless be allowed to register and the
obligation to pay such fee shall thereafter be subject to administrative review
and action by the chief administrative officer, or designee, after consultation
with the student government. In a case in which a student has been allowed to
register without payment of the student activity fee, the chief administrative
officer may withhold grades or transcripts of credits until payment has been
waived by such administrative action or the obligation has been met. In
addition, the student government may determine to deny participation in student
activities in the case of any student who has not fulfilled his or her
obligation with respect to payment of the mandatory student activity fee.
Student imposed fees in excess of the mandated fee shall be considered
voluntary within the provisions of subdivision (b) of this section. Policies
governing refunds to students who cancel their registration or withdraw from
the university shall be established by the student government. For those
periods outside the academic year (i.e., summer session) a mandatory fee also
may be collected, provided the amount of the fee is consistent with the level
of programming provided during that period and is used in accordance with the
Board of Trustees' Policy. The amount of this fee shall be determined by the
student government in consultation with the chief administrative officer of the
campus, or designee, and shall not be included within the cap applicable to the
amount charged for the academic year.
(3) Use of funds. Funds which are collected
under provisions of this section which require every student to pay the
prescribed mandatory fee and all revenues generated from use of the fee shall
be used only for support of the following programs for the benefit of the
campus community:
(i) programs of cultural
and educational enrichment;
(ii)
recreational and social activities;
(iii) tutorial programs;
(iv) athletic programs, both intramural and
intercollegiate;
(v) student
publications and other media;
(vi)
assistance to recognized student organizations including religious student
organizations, for the purposes and activities of the organization that are of
an educational, cultural, recreational or social nature, and provided further
that the criteria for recognition of student organizations, the criteria
governing eligibility for funding of and allocations to such student
organizations from student activity fees shall be specified in the constitution
and by-laws of the student government;
(vii) insurance related to conduct of these
programs;
(viii) administration of
these programs;
(ix) transportation
in support of these programs;
(x)
student services to supplement or add to those provided by the
university;
(xi) remuneration and
reimbursement of reasonable and necessary travel expenses in accordance with
state guidelines to students for service to student government;
(xii) campus-based scholarships, fellowships
and grant programs, provided the funds are administered by the campus or a
campus affiliated organization;
(xiii) payments for contractual services
provided by a nonprofit organization to the extent that such services are in
aid of an approved student activity during the budget year and which activity
serves the purposes set forth above and provided further that such payments may
not be exclusively for the general corporate purposes of such
organization;
(xiv) salaries for
professional nonstudent employees of the student government to the extent that
they are consistent with hiring practices and compensation rates of other
campus-affiliated organizations; and
(xv) charitable donations to a nonprofit
organization; provided, however, that such donations may be funded only from
the proceeds of a fundraiser held by a recognized student
organization.
(4)
Disbursement of funds. Proceeds of the student activity fee shall be disbursed
by the student government, through the designated independent fiscal agent,
provided that the proposed fiscal commitment for each expenditure shall have
been approved by the chief administrative officer or designee. In the event
that the chief administrative officer, or designee, concludes that a particular
proposed fiscal commitment may not be in compliance with an approved budgetary
allocation and the provisions of this section, he or she shall refer such
proposed fiscal commitment to the campus review board for review and
recommendation. Final determination for approval of the compliance with this
section of any proposed fiscal commitment shall rest with the chief
administrative officer or designee. Fiscal and accounting procedures prescribed
by the chancellor, or designee, shall be adopted and observed by the student
government. These procedures shall include, among other things, provisions for
an annual independent audit including the communication to student government
management by the independent auditor of any internal control matter(s) noted
during the conduct of the audit; and for public dissemination of information
regarding the budgeting process including a list of funded activities, current
allocations and expenditures.
(5)
Changes to approved budget. Changes to the approved budget after certification,
either prior to or subsequent to the collection of mandatory fees, shall be
subject to administrative review and certification by the chief administrative
officer, or designee, in the same manner as was applicable to the original
budget.
(d) Use of
college facilities. The provisions of this section shall not be interpreted to
authorize the use of college facilities for student activities and programs
without appropriate administrative approval. Appropriate payments shall be made
by student organizations for the use of college facilities where there are
extraordinary costs to the college associated with such events.