Section 42397.1 - Recognition(a) A campus president, by agreement between the campus and the organization, may recognize as the campus alumni association a single campuswide organization that has the following characteristics: (1) is organized and operated solely for the benefit of the university and its alumni;(2) has as its purpose providing service and support to its members, the alumni of the campus, and to the university;(3) does not restrict membership or benefits of membership on the basis of race, religion, national origin, gender, physical disability or sexual orientation;(4) recognizes the unique role of the campus president in setting campus priorities;(5) is the umbrella organization for the constituency alumni groups of the campus; and(6) irrevocably dedicates its assets for the benefit of a campus of the California State University. In the event of the association's dissolution, its assets shall be transferred to the campus or an auxiliary organization designated by the campus president for purposes consistent with the purposes of the association and the terms of the individual gifts that are part of the assets, and, if a corporation, in conformance with the California Nonprofit Corporation Law.(b) Each recognized alumni association shall enter into an agreement with the campus that shall include the following: (1) the provisions of this article shall be incorporated by reference;(2) the exchange of value between the campus and the alumni association shall be expressed and may include provision of facilities and other tangible as well as intangible exchanges;(3) a license agreement for use of the campus name and symbols;(4) authority and responsibility with regard to use of the campus alumni database; and(5) the term of the agreement. In addition, the agreement may include other provisions unique to each campus and alumni association such as the following:
(6) financial management and record keeping arrangements between the parties;(7) provisions for the construction and operation of an on-campus alumni center;(8) provisions for use of alumni association name and symbols; and(9) such other provisions that may pertain to the relationship between the campus and the alumni association.(c) Compliance with this article and the agreement between the campus and the alumni association is a condition of continued recognition. A copy of this article and the agreement shall be given to all members of the campus alumni association's governing body and to any new member of the governing body when the new member takes office.(d) To obtain and maintain recognition, the campus alumni association shall submit the following to the campus president or designee on an annual basis or otherwise as specified by the campus president: (1) a current list of officers, members of the governing body, and the principal contact person for the organization;(2) a statement of the organization's purpose and goals consistent with subsection (a) and copies of the current enabling documents of the organization (i.e., bylaws, constitution, articles of incorporation, or other governing document);(3) a current roster of names and addresses of donors and members, unless such records are otherwise maintained by the campus;(4) a statement signed by the officers/representatives of the organization that the governing body has read and formally voted that it will comply with this article and the agreement;(5) a copy of the organization's annual financial statements;(6) for an organization with accounts at a financial institution, a list identifying all such accounts, including the institution's name and address, the organization's account numbers, and a statement signed by an appropriate officer or representative of the organization authorizing the campus to obtain upon request from the financial institution information, records, or photocopies of transactions relating to the accounts; and(7) for an incorporated, tax-exempt organization, (A) a copy of the organization's state and federal tax-exempt status determination letter; (B) a copy of the organization's most recent Internal Revenue Service Form 990; and (C) a list of the types of activities, including fundraising and membership drives, the organization intends to undertake and how the organization intends to financially support these activities.(e) The following are among the privileges that may be granted by the campus president to a recognized campus alumni association: (1) use of the name of the campus and symbols, including the name of its mascot or other identifying marks that would cause the public to assume it is dealing with the university or a university recognized group;(2) use of the campus as approved by the campus president or designee in performance of an association's recognized activities; and(3) use of a campus auxiliary organization's investment services, as approved by the campus president or designee.(f) Under the authority of the campus president, the recognized campus alumni association may be assigned the responsibility of ensuring that all geographical and special interest chapters of the campus alumni association, as well as other recognized constituency alumni groups, are in compliance with this article.(g) After July 1, 2003, use of the campus name and symbols, including mascot or other identifying mark, by an organization that has operated as a campus alumni association, is prohibited unless the organization has been recognized by the campus as the campus alumni association under the provisions of this article. A campus alumni association that meets the criteria of this article and has been recognized as the campus alumni association shall not have that recognition withdrawn by the campus president except for material noncompliance with this article, after having been given an opportunity to correct the noncompliance.Cal. Code Regs. Tit. 5, § 42397.1
1. New section filed 11-20-2002; operative 11-20-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 5). Note: Authority cited: Sections 89030 and 89031.1, Education Code. Reference: Sections 89030 and 89902, Education Code.
1. New section filed 11-20-2002; operative 11-20-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 5).