Volunteers UPPS
No. 04.04.09
Issue
No. 2
Effective
Date: 04/21/2008
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 Board of Regents, Texas State University System; (2) students
performing duties associated with their academic work or with other University
functions; (3) persons who participate as subjects in research and sponsored
programs; or (4) persons who perform services for a single activity at the
University for less than four consecutive days.
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 acts incident to the volunteer's duties that involve the
exercise of the volunteer's judgment or discretion. 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. Thereafter, an account manager may implement
an approved program after:
a. establishing
that the program furthers the University's interests;
b. defining
the anticipated contributions of the volunteers;
c. confirming
the availability of departmental resources to support the volunteer efforts;
and
d. seeing
that both the volunteer and the account manager have signed the completed
Volunteer's Release/Appointment Form (Attachment
I).
NOTE:
The account manager will ensure that the release is signed and will maintain each
release for at least two years from the date of the volunteer's last service
for Texas State.
04.02 To
appoint a volunteer, the account manager must have the volunteer complete and
submit a complete Volunteer’s Release/Appointment Form (Attachment
I).
NOTE:
If the volunteer service will extend beyond the fiscal year, another
Volunteer’s Release/Appointment Form (Attachment
I) will have to be completed for the new 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.
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 any keys, identification cards,
or other Texas State property 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
Director, Equity and Access June 1 E4Y
Associate Vice President for June 1 E4Y
Financial Services
University Attorney 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