Rule R765-555. Policy on Colleges and Universities Providing Facilities, Goods and Services in Competition with Private Enterprise.

As in effect on March 1, 2010

Table of Contents

• R765-555-1. Purpose.
• R765-555-2. References.
• R765-555-3. Definitions.
• R765-555-4. Policy.
• KEY
• Date of Enactment or Last Substantive Amendment
• Notice of Continuation
• Authorizing, Implemented, or Interpreted Law

R765-555-1. Purpose.

To establish policy and guidelines on public colleges and universities providing facilities, goods and services in competition with the private sector.

R765-555-2. References.

2.1. 53B-1-103

R765-555-3. Definitions.

3.1. "Institutions" - colleges and universities which are part of the Utah System of Higher Education.

3.2. "Campus Community" - an institution's students, faculty, staff, and campus guests.

3.3. "Services" - an institution's facilities, goods, and services.

R765-555-4. Policy.

Institutions shall not sell or provide services to their campus community or to the general public except as set forth below.

4.1. Services Necessary for the Education of Students or Basic Research - Institutions are expected to provide their campus communities appropriate services which are necessary for the education of students, or the performance of basic research in accordance with the institution's mission as established by the Utah State Board of Regents. This responsibility includes, but is not limited to, instructional, research, and public service programs; libraries; computing programs; and other academic support services.

4.2. Educationally Related Activities - Institutions may provide other services to their campus communities even though such services are practically available elsewhere providing that the services satisfy reasonable educationally related needs of the campus community, e.g. campus newspapers, campus bookstore, campus dining facilities, student housing, etc., and provided such services are not advertised to the general public and are not generally provided to persons who are not members of the campus community.

4.3. Services to Persons Other Than Members of the Campus Community - An institution shall not provide services to persons other than members of the campus community unless:

4.3.1. The service offers a substantial and valuable educational or research experience for registered students and faculty;

4.3.2. The service fulfills the institution's public service mission;

4.3.3. The service is incidental to the ordinary and authorized function of a campus entity, i.e., occasional sales by bookstores, food service, etc., to campus visitors;

4.3.4. The service consists of recreational, cultural, and athletic events; health services and medical treatment; public service radio and TV broadcasting; events or functions which have as their principal purposes the improvement of relations between the institutions and the general public; and sales of contributed services, if related to fund raising activities;

4.3.5. The equivalent service is not available in the local area; or

4.3.6. The service to persons not members of the campus community has been specifically authorized by the State Board of Regents.

4.4. By-Products of Research and Instruction - Surplus Property - Institutions may dispose of by- products of research and instruction undertaken by an institution by sale to persons not members of the campus community, provided such products shall not be sold at less than market value. Institutions may dispose of surplus property by sale to persons not members of the campus community providing such items are disposed of in accordance with state laws.

4.5. Private Enterprise on Campus - Private enterprise entities which operate service or auxiliary units on a campus under contract with an institution are subject to this policy.

4.6. Exceptions Authorized by State Board of Regents - Exceptions to this policy may be authorized by the State Board of Regents if it determines, upon consideration and weighing of the various interests and public policies pertinent to providing the facilities, goods or services in competition with private enterprise, that the public interest favoring an exception outweighs the interest favoring denial of an exception.

KEY

colleges, higher education, free enterprise*, educational policy

Date of Enactment or Last Substantive Amendment

July 2, 1997

Notice of Continuation

June 2, 2008

Authorizing, Implemented, or Interpreted Law

53B-8-102