Volunteers UPPS
No. 04.04.09
Issue No. 3
Effective Date: 01/15/2013
Review: June 1 E4Y
01. POLICY STATEMENTS
01.01 The purpose of
this UPPS is to set forth the university's policies and procedures regarding volunteers
who perform services for Texas State. This policy applies to all volunteers,
with the exception of the following:
a. volunteers who
perform services for corporations, foundations, and similar organizations that
have approved, written contractual relationships with Texas State or The Texas
State University System (TSUS) Board of Regents; and
b. individuals who serve as unpaid faculty
members and are separately contracted (see Academic
Affairs PPS 7.07, Unpaid Faculty).
01.02 If a current
Texas State employee wishes to volunteer his or her services to Texas State for
civic, humanitarian or charitable reasons, the proposed volunteer service must
be in a different occupational capacity from that in which the employee is
employed. Additionally, Texas State employees are prohibited from volunteering
their services for the same account manager who employs them.
02. DEFINITION
02.01 "Volunteer"
means a person who performs services for Texas State without the expectation of
compensation. "Volunteer" does not include: (1) members or former
members of The Texas State University System Board of Regents; (2) students
performing duties associated with their academic work or with other university
functions; or (3) persons who participate as subjects in research and sponsored
programs.
03. APPLICABLE
LAW
03.01 Volunteer
Program – Texas law requires that governmental entities such as Texas State develop
volunteer programs, considering that volunteers are a resource that requires
advanced planning and preparation for effective use (Government Code, Chapter 2109).
03.02 Immunity From
Liability – Texas law provides immunity from civil liability for volunteers
providing services to institutions of higher education. This immunity applies
to any act that is incident to the volunteer’s duties and involves the exercise
of judgment or discretion on the part of the volunteer. The immunity does not
apply to use of motor vehicles or to intentional misconduct or gross negligence
(Education Code, § 51.937).
03.03 Indemnification
– The attorney general has held that Texas law does not permit volunteers to be
indemnified for damages, court costs, and attorney fees in the same manner as
state employees. Similarly, a volunteer is not entitled to the attorney
general's defense in litigation (Attorney General Opinion No. DM-457
(1997)).
03.04 Foundation
Service – A person serving on the governing board of a foundation, corporation,
or association at the request of and on behalf of Texas State is entitled to
indemnification for damages, court costs, and attorney fees in the same manner
as state employees are indemnified (Civil Practice and Remedies Code § 104.001(1), (5)).
03.05 Tort Liability –
Generally, Texas State is not liable under the Tort Claims Act for acts of
volunteers (Harris County v. Dillard, 883 S.W.2d 166 (Tex.
1994)).
04. VOLUNTEER
PROCEDURES
04.01 The divisional
vice president (or the vice president's designee) must approve, in writing, all
volunteer programs. All volunteer programs must:
a. establish that the
program furthers the university's interests;
b. define the
anticipated contributions of the volunteers;
c. confirm the
availability of departmental resources to support the volunteer efforts;
d. perform criminal
background checks on all volunteers;
e. prohibit volunteers
from operating university heavy equipment, operating university vehicles
without permission, handling hazardous materials, or entering into a contract
for the university; and
f. require that both
the volunteer and the account manager have signed the completed Volunteer's Release/Appointment Form.
NOTE: Ensure that the release is signed and maintain each
release for at least two years from the date of the volunteer's last service
for Texas State. If the volunteer service will extend beyond the fiscal year,
another Volunteer’s Release/Appointment Form will have to be completed for the fiscal year.
04.03 In accordance
with state law (Government Code, 2109.004(a)), account managers utilizing volunteers will develop and
document the following:
a. Training Program –
Each department that uses volunteers will develop a training program for its
volunteers and its employees who work with volunteers. In this training,
volunteers must be advised of their responsibility to follow all applicable
university policies and procedures, including those that prohibit disclosure of
confidential university information.
b. Assessment –
Departments that use volunteers will assess (1) the volunteer program, (2) the
performance of the volunteers, and (3) the cooperation of paid staff with the
volunteers.
c. Follow-Up Studies
– Each department that uses volunteers will conduct follow-up studies to ensure
the effectiveness of its volunteer program.
04.04 Expense
Reimbursement – Texas State may reimburse volunteers for actual and necessary expenses
incurred in the performance of volunteer services. The account manager of the
department or office that uses volunteers has the discretion to determine
whether to reimburse volunteers for expenses. Reimbursement for volunteer
travel will be in the same manner and on the same basis as it pays for
employees’ travel expenses (see Government Code § 2109.004(b)(l)).
04.05 Awards – Texas
State may provide volunteers with engraved plaques, pins, or awards of a
similar nature, with a value that does not exceed $75 for each volunteer, to
recognize special achievement and outstanding services of volunteers.
04.06 Compensation –
Texas State cannot compensate volunteers for their services, because to do so
would not be consistent with their volunteer status. For the same reason, Texas
State cannot provide benefits that could be considered compensation for
services. For example, use of Texas State’s Student Health Center, shuttle bus
system, workers' compensation program, and Paw Points program are not available
to volunteers.
04.07 Tax Deductions –
The value of the services performed by volunteers is not tax deductible;
however, volunteers may qualify for other tax deductions such as for
out-of-pocket expenses incurred while doing volunteer work for Texas State,
including travel expenses and materials and supplies not reimbursed. Volunteers
should consult their income tax advisors for other possibilities.
04.08 Recovery of Property
Upon Termination of a Volunteer – At the time of termination, it is the account
manager’s responsibility to recover or rescind any keys, identification cards,
NetIDs or other Texas State property or privileges issued to the volunteer.
05. REVIEWERS
OF THIS UPPS
05.01 Reviewers of
this UPPS include the following:
Position Date
Director, Human Resources June
1 E4Y
Chief Diversity Officer and Director, June 1 E4Y
Equity and Access
Associate Vice President for June
1 E4Y
Financial Services
TSUS Office of the General Counsel June 1 E4Y
06. CERTIFICATION
STATEMENT
This UPPS has been approved by the following individuals in
their official capacities and represents Texas State policy and procedure from
the date of this document until superseded.
Director, Human Resources; senior reviewer of this UPPS
Vice President for Finance and Support Services
President