Section 42397.6 - Organization of Constituency Alumni Groups(a) A constituency alumni group organized after the effective date of this article shall be organized within and as part of the campus alumni association. (1) A constituency alumni group representing a school, college, department, or other unit shall secure the endorsement of the school, college, department, or other unit. The administrative head of the represented unit or designee shall periodically review and provide advice concerning the planned activities of the constituency alumni group.(2) A constituency alumni group, as part of the campus alumni association, shall comply with all applicable campus policies and campus alumni association policies.(b) A constituency alumni group separately organized prior to the effective date of this article shall be organized within and become a part of the campus alumni organization and shall comply with subdivision (a), unless the campus president enters into an agreement with the constituency alumni group which provides as follows: (1) The separate constituency alumni group agrees to the following characteristics: a. is organized and operated solely for the benefit of the campus and the alumni of a school, college, department, or other campus administrative, academic, geographic, or other constituent unit;b. has as its purpose providing service and support to its members, the alumni of a constituent unit, and to the university;c. does not restrict membership or benefits of membership on the basis of race, religion, national origin, gender, or sexual orientation;d. recognizes the unique role of the campus president or designee in setting campus or campus unit priorities; and irrevocably dedicates its assets for the benefit of the campus or appropriate unit of the campus. In the event of the group's dissolution, its assets shall be transferred to the campus alumni association, the campus, an appropriate unit of the campus, or an auxiliary organization designated by the campus for purposes consistent with the purposes of the group and the terms of any individual gifts that are part of its assets, and, if a corporation, in conformance with the California Nonprofit Corporation Laws.e. A constituency alumni group representing a school, college, department, or other unit shall secure the endorsement of the school, college, department, or other unit. The administrative head of the represented unit shall periodically review and provide advice concerning the planned activities of the constituency alumni group.(2) The separate constituency alumni group agrees to obtain and maintain recognition, as a separate constituency alumni group by submitting the following to the campus president or designee on an annual basis or otherwise as specified by the campus president: a. a current list of officers, members of the governing body, and the principal contact person for the group;b. a statement of the group's purpose and goals consistent with subsection (a) and copies of the current enabling documents of the group (i.e., bylaws, constitution, articles of incorporation, or other governing document);c. a current roster of names and addresses of donors and members, unless such records are otherwise maintained by the campus;d. a statement signed by the officers/representatives of the group that the governing body has read and formally voted that it will comply with this article and the agreement;e. a copy of the group's annual financial statements;f. for a group with accounts at a financial institution, a list identifying all such accounts, including the institution's name and address, the group's account numbers, and a statement signed by an appropriate officer or representative of the group authorizing the campus to obtain upon request from the financial institution information, records, or photocopies of transactions relating to the accounts;g. 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.(3) The provisions of this article shall be incorporated by reference;(4) The exchange of value between the campus and the constituency alumni group shall be expressed and may include provision of facilities and other tangible as well as intangible exchanges;(5) A license agreement for use of the campus name and symbols; and(6) The term of the agreement.(7) Privileges granted including authorization to use the name of the campus or other institutional unit. Without authorization, no group may:a. represent itself as raising funds or otherwise providing support on behalf of or for the benefit of the campus, or any part of it, including its alumni;b. use the name of the campus or any of its facilities or programs either expressly or by implication in connection with its activities; orc. use campus facilities or resources in connection with its activities.(8) If a separate constituency alumni group does not comply with this article, the campus president or designee shall by written notice require the constituency alumni group to comply within 90 days or recognition as a constituency alumni group will be withdrawn. a. In the event the group fails to comply within this time period, the campus president or designee may withdraw the constituency alumni group's recognition. In appropriate circumstances, the campus president may extend the period for compliance when action to remedy noncompliance is in progress.b. Upon withdrawal of recognition, the assets of the constituency alumni group shall be transferred to the campus alumni association, the campus, or the designated campus auxiliary organization for purposes consistent with the purposes of the group and the terms of any individual gifts that are part of the assets.(9) Use of the campus or unit name and symbols, including mascot or other identifying mark by a separate constituency alumni group after July 1, 2003, is prohibited unless the group has entered into an agreement and has been recognized by the campus under the provisions of this article.Cal. Code Regs. Tit. 5, § 42397.6
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).
2. Amendment of subsections (a)(1) and (b)(1)e. filed 2-27-2012; operative 2-27-2012. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2012, No. 9). 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).
2. Amendment of subsections (a)(1) and (b)(1)e. filed 2-27-2012; operative 2-27-2012. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2012, No. 9).