UNIVERSITY OF CALIFORNIA June 19, 2000

INTERIM ADMINISTRATIVE GUIDELINES TO ASSURE
CONTRACTOR AND LICENSEE COMPLIANCE WITH
THE UNIVERSITY OF CALIFORNIA
CODE OF CONDUCT FOR TRADEMARK LICENSEES

  1. INTRODUCTION

    The purpose of this document is to provide information and guidance to campuses for implementing the University Code of Conduct for Trademark Licensees as promulgated by the President on August 3, 1998, and revised on January 5, 2000 (the Code).

  2. CONTRACT PROVISIONS

    1. Each license agreement or contract involving the license of or permission to use the University of California name, any abbreviations thereof, any of its mascots or logos, or any other trademarks, must require the licensee or contractor to comply fully with the University Code of Conduct for Trademark Licensees.

    2. The license agreement or contract must contain the following provisions:

      1. A statement that non-compliance with the Code constitutes a breach of the license agreement or contract.

      2. A requirement that the licensee or contractor submit annual reports certifying its compliance and that of any of its subcontractors.

      3. A requirement that the licensee or contractor report promptly to the campus official responsible for the agreement (the Official) any allegations which would or may constitute the licensee's or contractor's non-conformance with the Code, the specifics of the allegations, the identity and address of the person or entity making the allegations, a copy of any written response to the allegations, and a description of all actions taken, if any, to remedy the allegation by insuring that the reported non-conformance is corrected.

      4. The University's right to investigate, either by itself or through a designated representative, allegations of non-conformance, the licensee's or contractor's corrective actions, and the obligation of the licensee or contractor to cooperate in such investigations.

      5. Until such time as a specific definition of living wage is agreed upon, "living wage" shall mean a wage that is not less than the minimum wage (adjusted for overtime) required by the law of the applicable jurisdiction.

      If assistance is needed in drafting the above contractual provisions, campuses should consult with the Office of the General Counsel.

  3. MONITORING

    Along with other institutions of higher education, the University has entered into an agreement with the Business for Social Responsibility Education Fund (BSREF) to gather information on working conditions in seven countries that are significant producers of university-licensed apparel. BSREF will also review and provide recommendations related to existing and potential methods for monitoring compliance with the Code. In addition, the University has joined the Workers Rights Consortium (WRC) on a trial basis, to follow its progress in developing effective methods of monitoring factory conditions. At the conclusion of the BSREF study and after consideration of monitoring services offered by the WRC and other organizations, these Guidelines may be amended to incorporate a monitoring mechanism.