Board of Regents Policy Manual

Official Policies of the University System of Georgia

6.17 Cooperative Organizations

6.17.1 Definition

An organization is a cooperative organization if it:

  1. Is organized or operated primarily:
    • for the purpose of soliciting gifts or assisting the University System of Georgia (¶¶ÒõÉçÇø¶ÌÊÓƵ) or a ¶¶ÒõÉçÇø¶ÌÊÓƵ institution in soliciting gifts from third persons in the name of the ¶¶ÒõÉçÇø¶ÌÊÓƵ institution or any of the institution’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 ¶¶ÒõÉçÇø¶ÌÊÓƵ institution or using the institution’s facilities;
  2. Bills or collects professional fees in the name of or on behalf of a ¶¶ÒõÉçÇø¶ÌÊÓƵ employee who provides professional services within the scope of their employment by the institution;
  3. Includes officials, faculty, staff, or employees of a ¶¶ÒõÉçÇø¶ÌÊÓƵ institution as ex officio members of the organization’s board of directors or other governing structure; or,
  4. Is formally designated as a cooperative organization by the Board of Regents, the Chancellor, or by the President of the relevant ¶¶ÒõÉçÇø¶ÌÊÓƵ institution. The Board of Regents, the Chancellor, or the President of the relevant ¶¶ÒõÉçÇø¶ÌÊÓƵ institution may designate certain cooperative organizations that are required to follow the Regents’ Guiding Principles for Cooperative Organizations.

6.17.2 Relationship Between Cooperative Organizations and the ¶¶ÒõÉçÇø¶ÌÊÓƵ and its Institutions

A relationship, whether formal or informal, between the ¶¶ÒõÉçÇø¶ÌÊÓƵ or a ¶¶ÒõÉçÇø¶ÌÊÓƵ institution and a cooperative organization may be maintained only if:

  1. The relationship is in the best interest of the ¶¶ÒõÉçÇø¶ÌÊÓƵ or the ¶¶ÒõÉçÇø¶ÌÊÓƵ institution as determined by the Board of Regents and the President of the relevant institution in consultation with the Chancellor;
  2. The financial records of the cooperative organization, including any audits, are available for inspection by the Chancellor and the President of the ¶¶ÒõÉçÇø¶ÌÊÓƵ institution or the President’s designee;
  3. Any use by the cooperative organization of the name of the ¶¶ÒõÉçÇø¶ÌÊÓƵ or a ¶¶ÒõÉçÇø¶ÌÊÓƵ institution, or of a symbol or trademark of the ¶¶ÒõÉçÇø¶ÌÊÓƵ or a ¶¶ÒõÉçÇø¶ÌÊÓƵ institution, is approved in advance by the Chancellor, the President of the ¶¶ÒõÉçÇø¶ÌÊÓƵ institution, or the President’s designee;
  4. The cooperative organization annually presents evidence satisfactory to the President of the ¶¶ÒõÉçÇø¶ÌÊÓƵ institution or the President’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 ¶¶ÒõÉçÇø¶ÌÊÓƵ institution;
  5. The cooperative organization annually presents evidence satisfactory to the President of the ¶¶ÒõÉçÇø¶ÌÊÓƵ institution or the president’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 ¶¶ÒõÉçÇø¶ÌÊÓƵ institution;
  6. There is a written general agreement or memorandum of understanding between the ¶¶ÒõÉçÇø¶ÌÊÓƵ institution and the cooperative organization describing each party’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 ¶¶ÒõÉçÇø¶ÌÊÓƵ institution;
  7. Actions of the ¶¶ÒõÉçÇø¶ÌÊÓƵ institution’s officials, faculty, staff, or employees pursuant to the relationship are consistent with policies established by the Board of Regents and the ¶¶ÒõÉçÇø¶ÌÊÓƵ institution regarding conflicts of interest, outside activities, and other matters; and,
  8. 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 President’s satisfaction.
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