ENCLOSURE 1
University of California
Office of the President
December 28, 1992
GUIDELINES
FOR IMPLEMENTING A
VOLUNTARY
STUDENT FEE PLEDGE SYSTEM
Introduction
A voluntary student fee in support of a registered
campus organization that is collected using the University's registration
procedures may be established only in accordance with the Voluntary Student Fee
Policy, the University's Campus-Based Student Fee Policy, the University's Policies
Applying to Campus Activities, Organizations, and Students (Parts A and B),
campus implementing policies and procedures, and these Guidelines.
The
As an additional means of implementing a voluntary
student fee, the Voluntary Student Fee Pledge System may be established to
support registered campus organizations. In such a case, the following Guidelines
shall apply. Should issues arise that are
not addressed specifically by the Guidelines, or in the event the Guidelines
are not consistent with campus regulations, University and campus regulations
should be followed.
1. The pledge
is a mechanism by which a student may act affirmatively to contribute to a
registered campus organization by pledging to pay a voluntary student fee each
academic term for the duration of the student's academic career at a specific
campus, unless reversed in writing or other format as provided by the campus
contractual agreement.
1.1 The voluntary student fee pledge system should
be simple for students to comply with and participate in.
2. A voluntary
student fee pledge system may be established only following a student vote in a
campus election held in compliance with campus regulations in favor of
establishing the fee, the pledge mechanism, the amount of the fee, the duration
of the fee, and any other campus‑specific conditions which may govern the
collection of the voluntary student fee.
2.1 The wording of the referendum to establish the
voluntary student fee pledge system should be prepared consistent with campus
election procedures or other applicable campus regulations and procedures.
2.2 The registered campus organization should
notify a Chancellor or his or her designated representative in the Fall of the academic year during which students plan to
place a referendum on the campus ballot to establish a pledge system.
3. A voluntary
student fee pledge system may be implemented and maintained only with a valid
campus contractual agreement which is negotiated between the registered campus
organization and the Chancellor or his or her designated representative,
consistent with campus regulations and procedures.
3.1 Campus contractual agreements should include, at
a minimum, provisions regarding: establishment of the voluntary student fee and
the pledge mechanism; the main text and format of the pledge materials; a
timeline for implementing the pledge system; minimum procedures for informing
students of the voluntary student fee pledge; procedures for collecting,
verifying, and submitting pledges, including the locations for submitting
pledges; billing and pledge presentation; procedures for reversing pledges;
procedures for collecting the fee and remitting the amounts collected; how
outstanding accounts receivables will be handled; and reimbursement for costs
incurred. Campus contractual agreements may specify methods for distributing
pledge forms.
3.2 Campus contracts also should specify the
duration of the contract; the conditions and procedures for amending, renewing,
or extending the contract; any conditions for conducting student referenda
related to the voluntary student fee; the procedures for resolving disputes
that may arise between the parties; and procedures for discontinuing collection
of the fee or use of the pledge system (for example, see Section 6.1 below).
3.3 Campus contractual agreements should include
indemnification provisions that the campuses routinely include in other
contractual agreements, including provisions that the registered campus
organization shall indemnify, defend, and hold harmless the University in any
legal action which may arise in connection with the contract.
3.4 Campus contractual agreements should indicate
clearly any requirement to show evidence of the registered campus
organization's ability to pay costs associated with a voluntary student fee
pledge system.
3.5 The locations where pledges may be submitted
should be easily accessible and, in accord with campus regulations, may be
locations where students go regularly in the course of registering for classes
and/or paying fees. The date by which students must submit pledges should be as
late in the academic term as the billing schedule allows.
4. At a
minimum, a valid voluntary student fee pledge should state clearly the amount
of the fee being pledged each academic term and that such pledge is for the
duration of the student's academic career at that campus, unless revoked in
writing or other format as provided by the campus contractual agreement. The
pledge should include the student's name; registration identification number;
and the student's signature and the date of the signature. On campuses which
use alternative formats such as telephone or electronic means for collecting
student pledges, the campus contractual agreements should include procedures
that assure the validity of the student's pledge in a manner similar to those
provided by a student's signature.
4.1 Additional information may be included with
the pledge, as provided in campus contractual agreements with the registered
campus organization.
4.2 The pledge system should be compatible with
campus registration and billing systems. Whenever possible, accommodations
should be made to collect voluntary student fee pledges on campuses using
telephone or electronic registration systems.
4.3 When there is a break in enrollment,
assessment of the voluntary student fee may be resumed for continuing students,
as defined by campus policies, without requiring receipt of a new pledge
document when the student re‑enrolls at the same campus. For returning
students, as defined by campus policies, assessment of the voluntary student
fee need not be resumed unless a new pledge form is received.
5. In a manner
consistent with University and campus policies, registered campus organizations
may gather pledges in support of a voluntary student fee. The registered campus
organization must maintain its status throughout the implementation of the
pledge system, including solicitation of pledges, holding the referendum, and
the duration of the contract.
5.1 Opportunities to inform students about the
registered campus organization, the voluntary pledge fee, and the pledge
mechanism should be made available throughout the year.
5.2 A registered campus organization may be
permitted to collect pledges prior to the student referendum and before the
campus contractual agreement is finalized. Pledge forms collected prior to a
student referendum shall have no effect if the student referendum is defeated.
For fee billing purposes, at a minimum, the campus should honor pledges
collected during the same academic year in which a student referendum is held
to establish a pledge system, provided the students approve the measure.
5.3. Once a pledge system is implemented, students
may execute and submit pledge forms throughout the year. Opportunities to
execute pledges should be made available, as provided in campus contractual
agreements and campus regulations. A date should be set for each academic term
by which time all pledges must be submitted in order to be effective for the
next term's billing statement.
5.4 Registered campus organizations may make
pledge forms available to students as provided in campus contractual agreements
or as otherwise provided in campus regulations.
6. To ensure
that the additional administrative workload is justified, no less than 10
percent of the total student body on the campus should submit a pledge to pay
the voluntary student fee before a pledge mechanism may be implemented. In
determining the minimum number of students who must submit pledges, a campus
may use the campus' student enrollment count which is used to establish voting
pool requirements for student referenda or other standards established in
campus regulations.
6.1 If, by the end of the final billing cycle of
the academic year following implementation, and any year thereafter, the
percent of students having pledged equals less than the number in established
campus policies, a referendum regarding the continuation of the voluntary
student fee pledge system should be placed on the ballot of a campus election
held in compliance with campus regulations. In the absence of established
campus policy, no less than 10 percent of the student body shall be required to
participate.
7. For each
student who has pledged to pay the voluntary student fee, the fee should be
itemized on the fee bill with other fees and included in the total amount due
for that billing period. A check-off mechanism to opt‑out of the fee or
reverse the pledge should not be included on the billing statement.
7.1 As provided in campus contractual agreements,
the voluntary student fee pledge mechanism should be implemented and effective
as of the billing period as soon as possible, but no later than two academic
terms following the student vote in favor of establishing the voluntary student
fee and the pledge system as described in this document and as provided in
campus contractual agreements.
8. The actual
costs for implementing and collecting the voluntary student fee shall be
assessed to the registered campus organization, including costs in the first
year for designing and implementing the pledge billing system. Such assessed
costs cannot exceed the actual costs incurred for billing and collection of the
fee, including the pledge mechanism. The pledge system should be designed with
compatibility with campus registration and billing systems and cost efficiency
as goals. Registered campus organizations should work‑with campuses to
identify methods for minimizing costs.
8.1 In the event of a change in billing procedures
or any other changes which would affect how the voluntary student fee is
collected, campuses should discuss with registered campus organizations how
proposed changes in billing procedures may affect the collection of the
voluntary student fee. The registered campus organization should receive notice
of the need for changes as far in advance as possible to ensure that the
registered campus organization has adequate time to make any necessary
adjustments.
9. A student
who has pledged to pay a voluntary student fee in support of a registered
campus organization may revoke the pledge by written request or other format as
provided by the campus contractual agreement to the University.
9.1 Methods by which a student may revoke a pledge
may include submitting a pledge reversal form, a letter to the Registrar or
other appropriate official, or a hand written statement on the student's
billing statement which is signed and provides any additional information
required for verification, as specified in the campus contract.
9.2 Pledge reversal forms which provide the
student's name, signature, date of signature, and
registration identification number for verification should be made available as
a means of reversing a pledge, as provided in campus contractual agreements or
as otherwise provided in campus regulations.
9.3 Students may execute and submit pledge
reversal forms throughout the year. A date should be set for each academic term
by which time all pledge reversal forms must be submitted in order to be
effective for the next term's billing statement.
9.4 Once a student has submitted a voluntary
student fee pledge reversal form, or otherwise has
provided appropriate notification to the University that the student no longer
wishes to pay the fee, the campus should no longer bill the student for the fee
and the student's billing status should be the same as the billing status of a
student who has not pledged to pay the fee.
10. If a student
has pledged to pay the voluntary student fee, but pays less than the total
amount due, it will be presumed conclusively that any shortfall, up to the
amount of the pledge, was a failure to pay all or part of the voluntary student
fee.
10.1 Once a student has pledged to pay a voluntary
student fee, failure to pay the fee in any given academic term will not be
interpreted as failure to pay required fees for registration purposes.
Therefore, a student's registration will not be held up, nor will a student be
dropped from classes, because the student did not pay the voluntary student
fee.
10.2 In the absence of an official revocation,
failure to pay the voluntary student fee as pledged in a given academic term
should not be interpreted as an intention to revoke the pledge.
10.3 If a student underpays his or her fees,
campuses are encouraged to include the voluntary student fee on "late
bills" sent to the student. However, it is not expected that campuses will
send "late bills" if the amount unpaid is equal to or less than the
total amount of the voluntary student fee or if the campus does not send
"late bills" routinely.
11. Voluntary
student fees should not be considered in determining a student's need for
financial aid and payment of the voluntary student fee shall be made in
accordance with Federal, State, University, and campus student financial aid
policy.
12. Campuses are
not obligated to undertake responsibilities on behalf of the registered campus
organization beyond those specified in these Guidelines.
13. Disclosure
of information regarding students who provide voluntary student fee pledges
must be made in accordance with Federal and State privacy laws and University
policy.