Abandoned and Unclaimed Personal                             UPPS No. 05.01.20

Property                                                                                 Issue No. 3

                                                                                                Effective Date: 01/15/2008

                                                                                                Review: July 1 E6Y

 

 

01.       POLICY STATEMENT

 

 01.01 This policy sets forth guidelines for the disposition of abandoned and unclaimed personal property as specified in Section 12 of Chapter III of the Regents' Rules.

 

02.       DEFINITION

 

02.01  The Regents’ Rules define abandoned property as follows: "Property shall be considered abandoned if it appears from the circumstances under which the University comes into possession of the property that the owner has thrown it away or has voluntarily left or lost it without any intent or expectation to regain it."

 

03.       PROCEDURES FOR IMPLEMENTING THIS POLICY

 

03.01  Any person who discovers abandoned or unclaimed personal property on campus should turn it over to the University Police Department (UPD) or Materials Management according to the following provisions.

 

03.02  The following departments may develop an internal "Temporary Retention Policy" establishing the method of storage, time frame of retention, and method of returning abandoned or found property before submitting it to UPD or Materials Management. Each policy should require that the department create and maintain a log of property received and its movement.  

 

·         Residence Life

·         Athletics

·         Campus Recreation

·         LBJ Student Center

·         Continuing Education

·         Others as approved by the University Attorney

 

03.03  Both the vice president to which the department reports and the University Attorney must approve each department’s policy developed under Section 03.02.  

 

03.04  UPD will check with the Texas Crime Information Center and the National Crime Information Center, if the property possesses the appropriate identifying features, to determine whether the property is listed as stolen.

 

03.05  UPD will make a reasonable effort to identify and return the property to the owner.

 

04.       PROCEDURES FOR DISPOSING OF PROPERTY

 

04.01  All abandoned or found contraband, weapons of any kind or illegal drugs and narcotics must be immediately reported to UPD and surrendered to the responding officer. A police report will be made and the case number provided to the reporting party.

 

04.02  Property that meets the following description should be sent immediately to UPD and not to Materials Management:

 

a.   Credit cards, wallets, jewelry, watches, handbags, etc.,

 

b.   Laptop or desktop computers, PDAs, MP3 players, cell phones, cameras, and similar small electronic devices;

 

c.   Memory sticks, jump drives, USB drives, magnetic tape cartridges/reels, hard disk drives (internal or external), DCs/DVDs, and any other material capable of storing digitized information; and

 

d.   Clothing with an obvious value exceeding $50 or which contains another organization’s identification and is associated with the organization’s recent presence on the Texas State campus

 

Other property found on campus or in campus facilities which by its very nature meets the Regents’ Rules prescription "...that the owner has thrown it away or has voluntarily left or lost it without any intent or expectation to regain it," may be disposed of by the department that oversees the facility in which it was found. Examples of such property include inexpensive clothing, personal care supplies such as soaps, and similar items that do not include ownership identification or other identifying marks by which a person could establish ownership.

 

04.03  The following abandoned or found property should be sent immediately to Materials Management and not UPD or to Materials Management after the retention period established by the department and approved as in Section 03.02:

 

a.   Towels, towel robes and similar items,

 

b.   Personal, vehicle, house or other keys for which ownership cannot be established,

 

c.   Fans, TV’s, refrigerators, lamps and similar items.

 

04.04  To recover property held by UPD, owners must present proper identification and proof of ownership, and must sign a property receipt accepting the property in its “as is” condition. A photocopy of the receipt will be provided to the owner and the original receipt will be retained by UPD.

 

04.05  UPD shall require proof of ownership and proper identification before releasing property to a person claiming it. UPD will give the claimant a copy of the property receipt and will attach the signed original to the other documents related to the property.

 

04.06   After 120 days, UPD may dispose of unclaimed property as follows:

 

a.   Weapons, illegal drugs, and other contraband will be destroyed or handled as stipulated in the Texas Code of Criminal Procedures (CCP 18.19).

 

b.   Laptop or desktop computers, PDAs, MP3 players, cell phones, cameras and similar small electronic devices will be completely sanitized or otherwise made unreadable by Police Department IT staff, then transferred to Materials Management according to the procedures for disposal of computer equipment and documentation found in UPPS No. 05.01.02, University Surplus Property (Equipment and Consumable Supplies).

 

c.   Memory sticks, jump drives, USB drives, magnetic tape cartridges/reels, hard disk drives (internal or external) , CDs/DVDs, and any other material capable of storing digitized information will be destroyed. 

 

d.   All other property will be kept for UPD use or transferred to Materials Management as surplus university property.

 

05.       PROCEDURES FOR PUBLICATION OF THIS POLICY

 

05.01  The Vice President for Academic Affairs will publish a summary of this policy in the Faculty Handbook.

 

05.02  The Director of Human Resources will publish a summary of this policy in the Staff Handbook.

 

05.03  The Dean of Students will publish a summary of this policy in the student handbook.

 

06.       REVIEWERS OF THIS UPPS

 

06.01  Reviewers of this UPPS include the following:

 

Position                                                         Date

 

Director, University Police Dept.               July 1 E6Y

 

07.       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 of University Police Department; senior reviewer of this UPPS

 

Vice President for Student Affairs

 

President